If you and your spouse have decided to get a divorce and want to keep things amicable, you’re off to a good start.

Before you begin, it’s helpful to understand the basics. In this article, our divorce lawyers at Castro Law PLLC in Virginia will explain the process from start to finish.

An uncontested divorce means both spouses agree on all terms, including property division, child custody, and support. This agreement simplifies the process. At Castro Law PLLC, we are here to guide you every step of the way. We will explain your options, help you reach an agreement, and handle all legal aspects.

What is an Uncontested Divorce in Virginia?

An uncontested divorce means you and your spouse agree on everything about your divorce. This includes important matters such as spousal support, how assets will be divided, and arrangements for child custody, if applicable. If there are disagreements on any of these issues, then an uncontested divorce may not be possible. However, if you have no claims for assets or support from your spouse, and they are either unavailable or do not contest the divorce, you may still proceed with an uncontested divorce. In an uncontested divorce, both parties typically reach an agreement outside of court, which can streamline the legal process significantly. This approach avoids lengthy litigation and often results in lower legal costs and less emotional stress. It’s essential to have clear communication and cooperation between both parties to navigate an uncontested divorce successfully. Each spouse should fully understand their rights and obligations before finalizing any agreements.

Before proceeding with an uncontested divorce, it’s advisable to consult with an experienced family law attorney. They can guide legal requirements, help draft the necessary documents, and ensure your interests are protected throughout the process. Once all terms are agreed upon, both parties prepare and sign the divorce documents. These documents detail the agreed-upon divorce terms, including property division and any arrangements for children.
After the documents are finalized, they are submitted to the court for approval. If everything meets legal requirements, the court will issue a divorce decree officially terminating the marriage.

Requirements for an uncontested divorce in Virginia

There are specific requirements to qualify for an uncontested divorce in Virginia:

1. If you have children with your spouse, you must be separated for an entire year before you can pursue an uncontested divorce. However, you can proceed with the divorce without addressing custody again if you already have a court-ordered custody arrangement. It’s advisable to start the process early to have a separation agreement ready by the end of the 12-month separation period.
2. If you do not have children with your spouse, you must be separated for six months. You must also have a signed separation agreement outlining dividing property and assets. If you still need to get a separation agreement, our team at Castro Law PLLC can assist you in drafting one.

Steps to an uncontested divorce in Virginia

Partnering with our team at Castro Law PLLC for your uncontested divorce will help you save time and money.

Here’s how the process works:

1. Determine eligibility and engage Castro Law PLLC by signing an engagement agreement and paying for services. This agreement outlines the scope of services and associated costs. Additional fees may apply if the case becomes more complex.
2. Complete a questionnaire to provide essential information for drafting divorce documents. If custody is involved, we can assist in customizing this aspect of your agreement.
3. Our team prepares the divorce documents within a few days or over a weekend. For separation agreements, which require more time, we tailor them to suit your specific circumstances. These agreements must be finalized before drafting the divorce papers.
4. Once the documents are ready, the separation agreement is signed, and you have met the required separation period, we seek your spouse’s waiver of contesting the divorce. This waiver signifies their agreement not to contest the divorce filing.
5. If your spouse does not waive contesting the divorce, we proceed by obtaining a court summons, which can take anywhere from one day to two weeks to process. Serving your spouse involves additional costs.
6. After your spouse is served or has waived service, you will sign an affidavit confirming the duration of separation. We prepare these affidavits and facilitate online notarization or mail them to you, adding extra time to the divorce process.
7. Finally, we submit the divorce decree, separation agreement, and all required documents to the court. We await the judge’s signature on the order, typically within about four weeks. In rare cases, the judge may request changes before signing.
8. Once the judge enters the divorce decree, you are officially divorced.