How to file for an uncontested divorce in virginia

Weve listed some examples below:. In fact, many couples agree to split amicably with little to no disagreement over shared property or other issues. In these cases, an uncontested divorce is possible.

An uncontested divorce is one in which both parties agree to the divorce in order to avoid any unnecessary litigation. In addition to saving you time, an uncontested divorce can also keep your costs down. If you meet the basic requirements for divorce in Virginia, an uncontested divorce is possible so long as your spouse agrees. After spousal support has been ordered, there may be a number of reasons to modify it. The party requesting the modification must show a significant change in circumstances since the amount was ordered.

Examples include:. Any changes in circumstances that impact the paying spouses ability to make spousal support payments may be considered in a modification of spousal support case. It should be noted that spousal support payments may stop automatically if the spouse receiving payments remarries. If the spouse receiving payments begins living with a romantic partner, payments may also be terminated, but evidence of the relationship must be presented in court before this happens.

Finally, if either spouse dies, spousal support terminates. Virginia divorce laws can be complex. Individuals must meet certain eligibility requirements even before filing for divorce. And unless a couple agrees on how to split property and assets , a judge will divide these as fairly as the court sees fit. Child support and alimony may also play a role. But as emotionally straining as divorce can be, it doesnt have to be a financial nightmare.

This article will explore how to file for divorce in Virginia and what you can do to protect your finances, whether youre the plaintiff or defendant. As always, finding a financial advisor can serve as a valuable asset to either party going through divorce in Virginia. Read Also: Ny Divorce Cost.

Whether you will be pursuing a contested or uncontested divorce- we recommend a consultation with an attorney early in the process. Even if you are splitting from your spouse amicably, you may not be aware of pension or retirement benefits you may be entitled to, and what you need to do to claim them. An uncontested divorce is not only large savings on a legal bill its a much easier process emotionally. Divorcing couples that can agree on everything going forward are more likely to be able to co-parent effectively.

To have the case heard by a commissioner, the parties must submit a decree of reference to the clerk's office. Once an uncontested divorce case has been referred to a commissioner, the case will be heard by a commissioner and not by a judge. Important Instructions: Under Related Information on the right are the following uncontested divorce forms available in PDF fillable format :.

To fill out a form, open the form by clicking on it. Click inside the first field you wish to edit. Begin typing. Conclusion Filing for an uncontested divorce is usually both cheaper and quicker than fighting it out in court.

James Williams. James focuses his practice on intellectual property law and family law. He is excited to assist artists, business owners, and content creators with all of their trademark and copyright concerns.

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Divorce is never easy, but undoubtedly some divorces are far more miserable than others. Nevertheless, not all divorces involve screaming matches and expensive lawyer bills.

Uncontested divorces offer couples a better and kinder way to obtain a divorce where spouses agree on all issues in their divorce and avoid the headache and stress of attending a trial before a judge. An uncontested divorce is much faster and cheaper than traditional divorce—spouses can often use a DIY solution like an online divorce service.

They do, though, also have the option of getting professional help. In a traditional "contested" divorce, one spouse files paperwork, the other submits a reply, and the court schedules several hearings with the judge to decide all the issues. If you and your spouse disagree on any divorce-related issue, the court considers your case "contested. On the other hand, if spouses can agree on all divorce-related issues, including child custody, visitation, and child support, then an uncontested divorce is an expedited option for divorcing spouses where you and your spouse decide what's best for your family.

An uncontested divorce is the only way for you and your spouse to maintain control of the issues during the divorce process. If you and your spouse wish to file for an uncontested divorce in Virginia, you must resolve the following issues before you file:. Before either spouse can request a traditional or uncontested divorce, at least one of the spouses must meet Virginia's residency requirement.

State law requires at least one spouse to live in the state for at least 6 months before filing for a divorce. Code Ann. If you're requesting an uncontested divorce, you'll need to agree to seek a no-fault divorce.

In Virginia, a no-fault divorce means that neither spouse is responsible for the break-up and the spouses have lived separate and apart for at least 12 months before filing for divorce.