Virginia Uncontested Divorce

Divorce Overview by Attorney Daniel Miller

The attorneys at John W. Lee, PC represent clients in the divorce courts of Hampton Roads including Chesapeake through the Williamsburg locality. We have a knowledgable staff of attorneys and paralegals to help guide you through a timely divorce process.

Who Should File for an Uncontested Divorce

The majority of people that file for divorce choose to file an uncontested divorce. The primary reason people choose this option rather than a contested divorce is the uncontested divorce is much less expensive and time consuming. Typically and it will cost you less than a thousand dollars and will be complete in less than three months. One of the reasons an uncontested divorce is so much less expensive is because both spouses do not need to retain separate attorneys.

Why Have an Attorney in an Uncontested Divorce

Even in uncontested divorces, it is very important to hire an

attorney. There may be large assets at stake, such as houses, retirements, military retirements, savings, investments, 401Ks, and more that may need to be divided. If your attorney does not properly divide you and your spouse’s assets in the divorce, you may be forever barred from collecting on those assets in the future. Many people who are attempting to obtain a divorce in Virginia incorrectly assume that if only their name is on an asset, that asset belongs only to them. In Virginia, the Judge can divide all assets, even if both spouse’s names are not on the asset, in a process called equitable distribution. It is very important to tell your attorney about any assets that you or your spouse have, including military pensions, before proceeding with your divorce.

Agreements in an Uncontested Divorce

Another useful tool in the uncontested divorce process is the separation agreement, also referred to as the stipulation agreement. The separation agreement is a document, drafted by your attorney, to stipulate the terms of the divorce and divide property. The agreement can establish child support, visitation, custody, spousal support and more. It may also divide assets such as houses, cars, boats, businesses, retirement plans, investments, and savings. In addition, the agreement can deal with issues like health insurance, life insurance, tax exemptions and refunds, and other related issues. A separation agreement is not mandatory in Virginia, but is most advisable to have one.