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When can one seek an uncontested divorce in Virginia?

Some couples in Leesburg who have decided to divorce, have done so relatively amicably. After all, while they may have had many disagreements while married, the one thing that they may finally agree on is that they want their marriage to end. In situations like this, a couple may wonder if they can seek an uncontested divorce. While it is advisable to seek the advice of an attorney before making any divorce-related decisions, if certain elements are met, couples in Leesburg may be able to seek an uncontested divorce.

First, in order to pursue an uncontested divorce, all divorce legal issues must have been agreed upon by both spouses. In addition, the grounds upon which they are basing the divorce must be a "no-fault" divorce. Also, there must either be no request for child support, alimony or child custody and visitation or, if such requests exist, the parties must have resolved such issues through a written and signed agreement.

There are, of course, exceptions to the above rules. If all the above requirements are met while the couple still lived together, then there cannot be an uncontested divorce. In that situation, a hearing must take place.

As this shows, while an uncontested divorce may seem like an attractive option for couples who are eager to get a divorce and part ways, it is not something to be rushed into. Keep in mind that even in an uncontested divorce, once the divorce decree is issued, modifying any of its terms can be difficult. Therefore, even if they think they are in agreement about all their divorce related issues, couples in Virginia who have decided to end their marriage may each want to consult with their own attorney, to ensure their rights are being protected.

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Sevila, Saunders, Huddleston & White
30 North King Street
Leesburg, VA 20176

Toll Free: 800-239-4122
Phone: 703-468-0432
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