Legal Guide

The Ultimate Guide to An Uncontested Divorce

Divorce is never on anyone's wish list, and nobody ever aspires for it. Despite the greatest of intentions, it happens much too frequently, and we see it all around us, or we face it ourselves. In the United States, almost 95% of all divorce cases are handled without even going to court. However, the exact meaning of the word "uncontested divorce" is still a mystery. For those who haven't been through the divorce process, it's easy to imagine divorce as it's presented in the movies: tense courtroom battles, attorneys arguing, and scandals being unearthed. 

In fact, though, the divorce procedure does not have to be that dramatic. If you and your spouse do not have any kind of disagreements like the division of assets and debts, custody of children, and supporting aid, you can go ahead and ask the court's approval without letting a judge come in between. You may dissolve your marriage without ugly arguments, drawn-out hearings, or high legal bills if you select the conditions of your case. An uncontested or no-contest divorce is the ideal method to make the divorce process as smooth and stress-free as possible if you and your spouse can agree on your case.

Moreover, the Commonwealth of Virginia has made it simple for its citizens to get an uncontested divorce on the internet. It's almost too simple. Couples that have reached an amicable agreement on property distribution, child custody, and other issues can use this approach to avoid needless litigation and save money on divorce costs and legal bills. With the world going digitally online, the opportunity to acquire an uncontested online divorce makes sense in the current times. Although the procedure is not difficult, it does necessitate following a set of instructions. So if you want to get started and are wondering how to file for divorce in VA amicably, this blog might help you to find your answers.

What Is The Difference Between Contested And Uncontested Divorce? 

An uncontested divorce occurs when the spouses reach an agreement on the terms or issues in their case and bring it to the court in the form of a settlement agreement for approval. Even if you and your spouse disagree on some issues, you can still have an uncontested divorce if you can come to an agreement. If you and your partner are unable to work through some difficulties together, you can engage an attorney or mediator to assist you so that you can avoid going to court and save costs and stress. You can establish a settlement agreement and submit it to the court for review and approval of your case once you've agreed on all of the parameters of your case. Uncontested divorces take less time and cost less money than contested divorces because the couples work together to reach an agreement rather than litigating in court. 

On the other hand, a contested divorce occurs when couples are unable to agree on the terms of their divorce, as stated above, and must litigate particular issues in order for a court to make decisions for them. If the spouses are unable to come to an agreement, the court can impose decisions regarding property distribution, child custody, spousal support, child support, and legal costs. The filing spouse will file a divorce petition or complaint with the court to begin the divorce process. This first document may include claims against the other spouse and the parameters of the divorce that the filing spouse desires. The other party will respond by answering the petition. Finally, the court is going to set a trial after hearing the arguments from both parties and weighing the evidence presented by both sides. Multiple court appearances may be necessary depending on the case and the number of contentious topics. Contested divorce cases are not only time-consuming to settle, but they are often costly and unpleasant, especially when minor children are involved.

The Grounds For Divorce In Virginia 

Virginia recognizes both no-fault and fault-based divorces as grounds for divorce.

To proceed with a no-fault divorce, a couple merely needs to show that they have been living apart for at least one year. If a couple has drafted a separation agreement and there are no minor children from the marriage, the time limit might be shortened to six months.

A fault-based divorce is more acrimonious and necessitates demonstrating one of the permissible reasons based on marital wrongdoing. It's also a possibility for couples who want to continue through with their divorce but haven't satisfied the no-fault separation threshold.

The following are the fault-based grounds for divorce in Virginia: 

  • A criminal conviction
  • Adultery, sodomy, or buggery are all examples of wrongdoing. If the spouse knew about the behavior but continued to live with and have sexual contact with the guilty spouse, a divorce cannot be granted for this reason.
  • Cruelty on the part of one spouse puts the other in a realistic fear of bodily injury
  • At least one year of willful desertion or abandonment.

Online Uncontested Divorce In Virginia

If you and your spouse want to seek an uncontested divorce in a seamless way, an online divorce with the help of a certified attorney may be the right choice for you. A legitimately licensed and skilled family law attorney provides the agreed divorce service entirely online. This internet service is quick and inexpensive. Everything you need to file and finalize your uncontested divorce in the most efficient and cost-effective manner is provided to you, including detailed, step-by-step instructions drafted specifically for your situation and the local district court's rules and procedures by your case attorney. 

Online uncontested divorce is simple and convenient. Everything can be done from the comfort of your own home, and you won't have to spend hours researching divorce laws or going over form instructions. When you avail of the service of online divorce, you'll normally have to register an account and fill out a questionnaire about your case and circumstances. When the platform has all of your information, it will use it to produce the divorce forms you'll need to submit your case. The forms are tailored to your specific circumstances and area.

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