A divorce does not have to be unnecessarily drawn out and expensive. Virginia’s uncontested divorce procedures can help avoid the delays and expenses that can be generated when disputes are resolved in the courtroom.
At MacDowell Law Group, P.C., our divorce attorneys will thoroughly review your situation to let you know whether this may be the right option for your divorce. If you are thinking of getting divorced, but are concerned about the time and the expense involved, speak with us.
Uncontested Divorce Eligibility
Uncontested divorce may not be the right option for every couple. In fact, there are certain eligibility requirements that must be met for this type of divorce to even be an option. If you and your spouse have children together, you will need to be separated from one another for a full year. If no children resulted from the marriage, then a separation period of at least six months is necessary. Another requirement is the existence of a signed property settlement agreement.
The Property Settlement Agreement Is The Key Document
Although Virginia law does not recognize legal separation status, a period of living separate and apart can be accomplished utilizing a property settlement agreement (PSA). The PSA isn’t just limited to property and asset division issues. Ideally, it will cover all of the outstanding issues that need to be addressed in the course of the divorce process, including:
- The division of assets and debts
- Spousal maintenance or alimony orders
- Child custody and visitation agreements
- Child support orders
If you do not think that this type of divorce will work for you, we can draft a PSA with terms that you think will be acceptable for your spouse, and we can submit this to your spouse as a first step in the process. Minor modifications to a particular provision might solve the problem, or you might find that what appeared to be a simple issue may require resolution in court.