There are several grounds to seek a ‘fault divorce’ in the state of Virginia. However, if a couple agrees to most matters related to the divorce, they can file for an uncontested, or no-fault, divorce. Virginia recognizes no-fault divorce, where separation or living apart is considered to be a ground. Unlike in many states, you cannot file for no-fault divorce because of ‘irreconcilable differences’ in Virginia. If you and your spouse have decided to part ways mutually, the next step is to engage an uncontested divorce attorney. While this is not necessary, having legal help is always useful.
Filing for an Uncontested Divorce
There are few requirements for filing uncontested divorce in Virginia. First and foremost, you and your spouse must have been living apart for a period of at least 12 months. This has to be a continuous time, which means that you shouldn’t have stayed together during the period of separation. If you don’t have a minor child, you don’t have to wait for 12 months. A separation period of 6 months is considered enough as long as you have a separation agreement signed.
Note that the divorce will be only finalized by the court. So, a hearing/deposition must happen before the uncontested divorce is confirmed. Also, at least one of the spouses must have lived in Virginia for a period of six months before the date of filing.
Working With an Uncontested Divorce Attorney
When it comes to uncontested divorces, an attorney may not seem mandatory, but you should still consider hiring one in your own interests. The role of an attorney is to protect your rights and offer the best possible advice, so that you’re not being compromised by agreeing to the standards of an uncontested divorce.
Keep in mind that the separation agreement and affidavit are important documents, and it is best to allow a Poquoson uncontested divorce attorney to look into the details. You may also want to discuss other things, like restoring your pre-marriage name. Many people rely on their attorneys to get the right advice on divorce, because the other spouse is not necessarily always being fair or speaking the truth.
There is no denying that getting an uncontested divorce in Virginia is a lot simpler, but do your homework first and make sure to consider getting a legal opinion. Hiring a lawyer for an uncontested divorce doesn’t have to be expensive, and you will only pay a nominal fee for all the good work they do.