Virginia Divorce Lawyer Answers Your FAQs about Uncontested Divorce
What is an uncontested divorce?
- An uncontested divorce is one in which both spouses agree to the terms of the divorce without the need to go to trial and have a judge resolve any disputes.
Who can file for an uncontested divorce?
- Any married couple who has lived apart and separate for at least six (6) months. However, if there are minor children of the marriage, you and your spouse will have to file for uncontested divorce based on living apart and separate for at least one year.
How long will it take for my divorce to be finalized?
- An uncontested divorce can take anywhere from three weeks to three months. It often depends on what kind of notice of the proceeding needs to be given to the non-filing spouse.
When do I have to go to court?
- The only time you will need to go to court will be to attend the Ore Tenus hearing which is scheduled after the Complaint has been filed.
Where can I file for divorce?
- As long as you are a Virginia resident, you can file your complaint in any county in Virginia.
How is an uncontested divorce better than a contested divorce?
- Uncontested divorces allow both spouses to avoid the cost and stress that comes with trial and having a judge resolve any unsettled issues. Spouses filing contested divorces often cannot agree on child custody, property distribution, and/or alimony payments.
The unresolved issues often lead to many long and bitter months in court. An uncontested divorce completes much faster because both spouses have agreed on the major issues, e.g., the division of property, child custody, and alimony. Without a judge involved and scheduling trial, and with the help of a Virginia divorce attorney, an uncontested divorce can be processed more quickly.
How much will it cost?
- Uncontested divorces are not nearly as expensive as contested divorces and our Virginia divorce attorneys are more than willing to work with clients. Please call our office and one of our Virginia divorce attorneys will be more than happy to answer your questions.