Many spouses, when they have decided that their marriage is over, have concerns about how the separation and divorce may affect their life and lives of their family. The attorneys at Heath J. Thompson, P.C. can help you analyze all the issues to help you through this stressful event.
Our law firm handles uncontested divorce cases for clients who live in Virginia.
What is an uncontested divorce?
An uncontested divorce is a divorce in which the spouses have reached an agreement on the material terms of their divorce without a court intervention.
You may have heard the term “no-fault” divorce.
“No fault” divorce describes any divorce where the spouse asking for a divorce does not have to prove that the other spouse did something wrong. All states allow “no-fault” divorces.
To obtain a “no-fault” divorce, one spouse must simply state a reason for the divorce that is recognized by the state. In Virginia, it’s enough to declare that the couple cannot get along (this reason goes by such names as incompatibility, irreconcilable differences, or irremediable breakdown of the marriage) followed by a specified period of separation.
In Virginia for the court to grant an uncontested “no-fault” divorce the minimum separation is required:
- living separate and apart, if there are no children involved, for six months with a separation agreement
- living separate and apart, with no cohabitation and if there are children involved, for one year with a separation agreement
It is important to remember that “separate and apart” means residing in separate homes. For a matter to be truly uncontested the spouses need to agree on ALL of the issues involved in ending a marriage. Custody, child support, alimony and property distribution.
A separation agreement is used to divide marital assets and property, which our firm will draft for you with your input.
You need to consult an attorney to make sure you understand all of your rights and options. Click here to schedule a free, no obligation consultation to discuss your family law situation with one of our experienced attorneys.