The End of a Marriage
The end of a marriage and the beginning of a divorce may be difficult for many people to comprehend. The end of a relationship can be very painful, and the thought of dividing property, parental rights, determining child support and separating lives in general, can be daunting for both soon-to-be ex-spouses. However, if both spouses can agree on things like who will get the house, who will take the kids, and who will pay which debts, a divorce can be somewhat amicable, less complicated, and cheaper.
What is an Uncontested Divorce?
Under Virginia law, parties who agree to the terms of a divorce may petition the court for an uncontested divorce. As discussed by the Virginia Beach Circuit Court, an uncontested divorce is one in which all of the issues have already been agreed to by each spouse. Uncontested divorces and divorces in general, are governed by Title 20 of the Code of Virginia. The rules of the local jurisdiction in which the divorce is being filed, and the Title 20 rules, govern the procedure of an uncontested divorce.
Requirements for an Uncontested Divorce in Virginia Beach
Under Title 20, and the Virginia Beach Circuit Court Rules, in order for two spouses to be eligible for an uncontested divorce, they must first absolutely agree on each term of the divorce. This means that both spouses agree about issues such as property division, division of debts, child support, child visitation, and other such issues. Secondly, the divorce must be a no-fault divorce, which means that the grounds for divorce are either separation for the statutory period (one year), or a motion will be filed for a no-fault divorce. Third, the parties must have written, signed agreements reflecting child support, spousal support, and child visitation, unless these items are not requested by either spouse. Uncontested divorces are heard by a judge, commissioner, or, in some cases, a party may have a case heard in support of the divorce by deposition or affidavit.
Uncontested Divorces: Do I need a Lawyer?
Uncontested divorce is usually less complicated and costly than a divorce that goes to trial. There are, however, many areas of an uncontested divorce that require skill and expertise in the area of law and statutory interpretation. For example, in order for an uncontested divorce to be valid (and for a judge to sign the final decree), issues such as jurisdiction, notice, timing, and filing procedures must be followed by the book. Additionally, the final decree will embody the rights and responsibilities of each party after the marriage, and if each term is not carefully planned, one spouse may lose his or her rights, or property. This is especially important in the area of child support, child visitation, and spousal support. If each spouse does not know his or her rights, he or she may sign away extremely important rights to see the children or get support for their care.
If you are interested in filing for an uncontested divorce, you should seek out the assistance of an experienced family law attorney. An uncontested divorce is generally cheaper and easier than a contested divorce. One tip is to prepare all of your documents for the visit with your lawyer. Contact Garrett Law Group, PLC today for a confidential consultation.
The end of a marriage and the beginning of a divorce may be difficult for many people to comprehend. The end of a relationship can be very painful, and the thought of dividing property, parental rights, determining child support and separating lives in general, can be daunting for both soon-to-be ex-spouses. However, if both spouses can agree on things like who will get the house, who will take the kids, and who will pay which debts, a divorce can be somewhat amicable, less complicated, and cheaper.
What is an Uncontested Divorce?
Under Virginia law, parties who agree to the terms of a divorce may petition the court for an uncontested divorce. As discussed by the Virginia Beach Circuit Court, an uncontested divorce is one in which all of the issues have already been agreed to by each spouse. Uncontested divorces and divorces in general, are governed by Title 20 of the Code of Virginia. The rules of the local jurisdiction in which the divorce is being filed, and the Title 20 rules, govern the procedure of an uncontested divorce.
Requirements for an Uncontested Divorce in Virginia Beach
Under Title 20, and the Virginia Beach Circuit Court Rules, in order for two spouses to be eligible for an uncontested divorce, they must first absolutely agree on each term of the divorce. This means that both spouses agree about issues such as property division, division of debts, child support, child visitation, and other such issues. Secondly, the divorce must be a no-fault divorce, which means that the grounds for divorce are either separation for the statutory period (one year), or a motion will be filed for a no-fault divorce. Third, the parties must have written, signed agreements reflecting child support, spousal support, and child visitation, unless these items are not requested by either spouse. Uncontested divorces are heard by a judge, commissioner, or, in some cases, a party may have a case heard in support of the divorce by deposition or affidavit.
Uncontested Divorces: Do I need a Lawyer?
Uncontested divorce is usually less complicated and costly than a divorce that goes to trial. There are, however, many areas of an uncontested divorce that require skill and expertise in the area of law and statutory interpretation. For example, in order for an uncontested divorce to be valid (and for a judge to sign the final decree), issues such as jurisdiction, notice, timing, and filing procedures must be followed by the book. Additionally, the final decree will embody the rights and responsibilities of each party after the marriage, and if each term is not carefully planned, one spouse may lose his or her rights, or property. This is especially important in the area of child support, child visitation, and spousal support. If each spouse does not know his or her rights, he or she may sign away extremely important rights to see the children or get support for their care.
If you are interested in filing for an uncontested divorce, you should seek out the assistance of an experienced family law attorney. An uncontested divorce is generally cheaper and easier than a contested divorce. One tip is to prepare all of your documents for the visit with your lawyer. Contact Garrett Law Group, PLC today for a confidential consultation.
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