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Who can get an uncontested divorce in Virginia?

Divorce can be a contentious affair, in which the spouses battle in court over their marital property, spousal support, child support, custody and visitation.  However, it does not have to be this way. Many married couples remain on good terms after separating, or at least civil enough to agree on how to resolve their divorce-related decisions.

For these couples in Virginia looking to save time and expense, uncontested divorce may be option.

As per the Loudoun County Circuit Court web site, in Virginia, an uncontested divorce is one in which the parties have agreed on all the relevant issues and the divorce is filed as no-fault. Virginia allows for a no-fault divorce only after the parties have been separated for the statutory period of of six months, if they do not have children, or a year, if they do have children. 

In addition, the court will not grant an uncontested divorce unless the spouses have a written and signed property settlement agreement settling the relevant issues of property division, child support, spousal support, child custody, and visitation.

In many instances, an uncontested divorce can be less formal than a contested divorce, and can be obtained without an appearance before a judge.  However, it is crucial to consult with an attorney prior to signing a settlement agreement so an attorney can help prevent you from unknowingly losing your rights to marital property, support, custody, and visitation.  To consult with one of our experienced family law attorneys about obtaining a no-fault divorce, contact us today.

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