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Uncontested Divorces in Virginia: What You Should Know.


In Virginia, there are two main types of divorces: contested and uncontested. Today, we’ll unpack “uncontested divorces.” Simply put, an uncontested divorce means that you and your spouse have resolved all matters through an agreement (e.g., contract) without the cost and unpredictability of a trial in front of a judge. Most people who go through a divorce are less than thrilled about the possibility of having a judge decide what happens to their property, let alone what happens with their children, so they opt for a different approach. If you have not yet read our blog on Property Settlement Agreements, which provides a helpful context for the rest of this blog, click here. A true uncontested divorce means that you and your spouse have an agreement on ALL property, support, custody/visitation, and even pet issues. Yes, even pets are important! This means that there is nothing further for the court to do except to divorce you and make your agreement an order called a Final Decree of Divorce.

Now, it is important to keep in mind that just because you have an agreement, that does not necessarily mean you or your spouse can immediately file in court to begin your divorce process. You may not have the green light quite yet! The question of when to file in court is related to your date of separation. You can read about the significance of your date of separation here. So, if you don’t have children, but you have an agreement, you can file your uncontested divorce after six months from your date of separation. If you have children and an agreement, then you can file one year after your date of separation. There are several helpful resources for parties in Virginia who have uncontested divorce cases in Virginia, which you can review here.

If you have questions about uncontested divorces or would like to know more about completing your uncontested divorce in court, our experienced attorneys at Morris Williams LLC – A Family Law Firm are here to empower you to make the best decisions for your future. Contact us to today to schedule your consultation by calling (757) 226-9425 or email us at admin@morriswilliamslaw.com.