When a marriage comes to an end, it’s a difficult time for everyone involved.
Going through a divorce can be emotionally, mentally and financially challenging, especially when communication has broken down. It’s often a painful, contentious process that involves rounds of court hearings and paperwork.
Couples who remain on good terms may choose to opt for an uncontested divorce. They must agree to handle issues such as the distribution of belongings, finances and child custody arrangements among themselves, outside of court.
If possible to do, this can be a much cheaper and less challenging process than a litigated divorce.
Virginia’s requirements for an uncontested divorce
Before filing for an uncontested, or “no-fault” divorce in Virginia, the couple must:
- Agree to get divorced and agree on the major issues, such as the division of property and custody
- Be a resident of Virginia for at least six months before filing for divorce (either one or both parties)
- Have been separated for at least six months (without children) or one year (with children)
If there are children under the age of 18, both husband and wife also must complete the Families in Transition (FITS) program.
The benefits of an uncontested divorce
It might sound obvious but the biggest benefit of an uncontested divorce is that there’s no arguing things out in court. You and your ex-partner keep control over how you end your relationship. If you have children, it can make the process much easier for them.
Aside from this, it’s a cheaper and quicker process that doesn’t require any time spent in court.
For couples who have separated amicably, an uncontested divorce is a way of quickly administering the finalization of a separation. Sensitive and experienced legal guidance can help to make the process go as smoothly as possible.