CALL FOR YOUR CONSULTATION
An Overview of Uncontested Divorces
Divorce is the legal termination of a marriage, a process that can be emotionally, physically, and financially challenging for both parties. If you and your partner want a quick and amicable separation, an “uncontested divorce” may be the right choice.
You might have questions about the differences between uncontested and contested divorces, the steps involved in an uncontested divorce, eligibility and residency requirements, the necessary paperwork for filing an uncontested divorce in Virginia, court fees, and the associated costs.
This comprehensive guide by Ashwell & Ashwell, PLLC, aims to provide all the information to help you navigate the uncontested divorce process in Virginia.
What Is an Uncontested Divorce?
An uncontested divorce is a no-fault divorce where both parties mutually agree on the terms. In this case, the divorce is not contested, and there is no need for court intervention to resolve matters like property division, child custody, and alimony. This type of divorce is particularly sought by couples looking to end their marriage amicably, avoiding lengthy legal battles or disputes over marital property.
If you’re unsure whether to opt for an uncontested or contested divorce, it might be a good idea to consider an uncontested divorce. It not only provides a more peaceful and efficient way to terminate a marriage but also saves time and money. By avoiding the complexities of a contested divorce, couples can focus on moving forward and reducing emotional stress.
How Much Does an Uncontested Divorce Cost?
In most cases, an uncontested divorce is far more affordable than a contested one. However, some court costs are still involved, like filing fees and serving the necessary documents to your spouse. If you decide to handle everything independently, it could cost up to $200.
Obtaining legal assistance, however, will result in higher legal fees as well as court costs. The cost of hiring an attorney, however, outweighs the possible consequences of not seeking legal assistance.
Having a lawyer by your side ensures a smooth and hassle-free legal process, reducing the chances of costly mistakes or delays. By hiring divorce Lawyers in Warrenton, VA, you can ensure that your documents are error-free, avoiding delays and minimizing filing fees.
How Is Child Custody Determined in an Uncontested Divorce?
In an uncontested divorce, both spouses must agree on every aspect of the divorce, particularly child custody matters. You must agree on physical custody arrangements, legal custody, visitation rights, shared custody schedules, and child support payments.
If you and your spouse cannot find common ground on any issue, an uncontested divorce may not be possible. However, there are alternatives to consider before going to court. As suggested earlier, mediation or arbitration can help resolve differences, and if an agreement is reached through these methods, an uncontested divorce can still proceed. If not, presenting your case to a judge becomes necessary.
