FAMILY LAW – UNCONTESTED DIVORCE
In Virginia, an uncontested divorce is a divorce where both spouses agree on all major issues, including the division of property, spousal support, child custody, and child support. Because both parties are in agreement, the process tends to be quicker, less expensive, and less emotionally stressful than a contested divorce.
Here’s an overview of the Virginia uncontested divorce process:
1. Eligibility for an Uncontested Divorce
Before proceeding with an uncontested divorce in Virginia, certain eligibility requirements must be met:
- Residency Requirement: At least one spouse must have been a resident of Virginia for at least six months prior to filing for divorce.
- Grounds for Divorce: In an uncontested divorce, the most common grounds are no-fault divorce, which requires that the couple has lived separate and apart for at least 6 months (with a signed separation agreement) or 1 year (without a separation agreement) before filing.
- If there are no children involved, the waiting period is 6 months after separation.
- If there are minor children involved, the waiting period is 1 year.
2. Prepare and File the Divorce Documents
The first step is for one spouse (the plaintiff) to prepare the necessary divorce forms and file them with the court. The documents typically include:
- Complaint for Divorce: This is the legal document that begins the divorce process. It outlines the grounds for divorce, requests the dissolution of the marriage, and may include requests for custody, child support, and spousal support, if applicable.
- Separation Agreement: If the spouses have agreed on property division, spousal support, child custody, and other issues, a Separation Agreement is created. This document outlines the terms of the divorce, and both spouses must sign it.
- If there are children involved, a Parenting Plan may also be included.
- Filing Fee: The court requires a filing fee, which can vary depending on the jurisdiction. You can check with the local court for the exact amount.
3. Serve the Divorce Papers
Once the divorce complaint is filed, the plaintiff must serve the other spouse (the defendant) with the divorce papers. In an uncontested divorce, this is typically done by mail or by hiring a process server.
- If both parties have already signed the separation agreement, the defendant may simply sign an Acceptance of Service to acknowledge receipt of the divorce documents.
4. Defendant’s Response (if necessary)
If the defendant agrees to the divorce and the terms outlined in the complaint and separation agreement, they do not need to file anything with the court.
- In an uncontested divorce, if the defendant does not contest the divorce or the terms, the process moves forward without needing a hearing.
- If the defendant disagrees with the terms or doesn’t sign the necessary documents, the divorce may become contested, and the process will need to go through a different procedure.
5. Finalizing the Divorce
After the divorce papers have been served and the defendant has responded (or waived response), the plaintiff can file a Motion for Final Decree of Divorce with the court.
- In cases where the divorce is uncontested and the paperwork is complete, the judge will review the documents and grant the divorce without the need for a hearing.
- The court will issue a Final Decree of Divorce, officially ending the marriage. This decree will incorporate the separation agreement and any other orders related to property division, spousal support, child custody, and child support.
6. Receiving the Final Decree
Once the judge signs the Final Decree of Divorce, the divorce is complete. The court will mail the final decree to both parties, and at that point, the divorce is legally finalized.
Advantages of Uncontested Divorce:
- Faster Process: The divorce process is typically quicker because the spouses are in agreement and do not need to go to trial or have multiple hearings.
- Lower Costs: Since there is no need for attorneys to litigate the divorce terms, uncontested divorces are less expensive.
- Less Stressful: With no disputes, the divorce process tends to be less emotionally and mentally taxing.
Things to Keep in Mind:
- Fairness: Both parties must agree on all terms. It’s important that both spouses fully understand the consequences of the separation agreement and that it’s fair and equitable.
- Legal Advice: Although you may choose to handle an uncontested divorce without a lawyer, it’s often recommended that you seek legal advice, especially when it comes to understanding the legal impact of the separation agreement or the division of property. This ensures that both parties’ rights are protected.
In summary, the uncontested divorce process in Virginia is streamlined and can be a smooth, efficient way to dissolve a marriage when both parties agree on the terms.