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Virginia Uncontested Divorce
The majority of people that file for divorce choose to file an uncontested divorce. The primary reason people choose to file an uncontested divorce rather than a contested divorce is the uncontested divorce is much less expensive and time consuming. Typically and uncontested divorce 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. In Virginia, a person may file for an uncontested, no-fault divorce if they have lived separate and part with in the intent to obtain a divorce for over one year. If the parties have entered into a separation agreement and have no children, then they can obtain the divorce after only six months of separation. Even in uncontested divorces it is very important to hire an attorney because 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 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. 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 attorney, to stipulate to the terms of the divorce and divide property. A separation agreement can establish child support, visitation, custody, spousal support and more. A separation agreement can divide assets such as houses, cars, boats, businesses, retirement plans, investments, savings, and more. A separation agreement can also deal with issues like health insurance, life insurance, tax exemptions and refunds, and more. A separation agreement is not mandatory in Virginia, but is most advisable to have one. If you would like to further explorer your uncontested divorce options, please call one of the experienced attorneys on our team for a free consultation. Virginia Uncontested Divorce
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The attorneys at John W. Lee, PC have represented people in the divorce Courts of Hampton Roads. We have represented clients in all Hampton Roads cities from Chesapeake to Williamsburg. We have a staff of knowledgable attorneys and caring paralegals to help guide you through the difficult divorce process.