Virginia Beach Uncontested Divorce Attorney

When you and your partner agree on the terms of your divorce, you can file for an uncontested divorce. This is a much simpler and less expensive process than a contested divorce. However, having an experienced attorney on your side is still important to ensure your rights and interests are protected. At The Law Offices of Daniel J. Miller, we understand the process and can help you navigate it from start to finish. Our Virginia Beach uncontested divorce lawyer is committed to providing skilled guidance and support through every stage of the process.

Call The Law Offices of Daniel J. Miller today at (757) 267-4949 or contact us online to schedule a consultation with our uncontested divorce lawyer in Virginia Beach.

What is an Uncontested Divorce?

An uncontested divorce is considered a legal dissolution of marriage in which both spouses agree on all key issues without needing court intervention. This collaborative approach can significantly reduce stress, time, and legal costs. In an uncontested divorce, both parties are on the same page regarding matters such as division of assets, spousal support, and child custody. This type of divorce is often a preferred option for couples who desire to part ways amicably, maintaining a level of control over their decisions rather than leaving them in the hands of the court.

Uncontested Divorce Requirements in Virginia

Virginia law imposes certain requirements for an uncontested divorce to proceed smoothly. Understanding these criteria is essential, and we can guide you through the process with precision.

• Residency Requirements: In order to file for an uncontested divorce in Virginia, either you or your spouse must have been a resident of the state for at least six months before initiating the divorce proceedings.
• Separation Period: Virginia law mandates a mandatory separation period before filing for a no-fault divorce. The couple must live separately for a specific period, typically six months for those without minor children or one year with minor children. During this time, the spouses must demonstrate that they have lived separate and apart with no cohabitation and without interruption.
• Property Settlement Agreement: The couple must agree on the division of marital assets and debts. Creating a comprehensive Property Settlement Agreement (PSA), outlining the terms and conditions of the division, is crucial. This agreement covers assets such as real estate, bank accounts, investments, and personal property.
• Child Custody and Support Agreement: If the couple has minor children, a detailed agreement on custody and support must be reached. This includes decisions about legal and physical custody, visitation schedules, and financial responsibilities. The court will scrutinize the agreement to ensure it is in the best interests of the children.
• Spousal Support (Alimony): If applicable, the spouses must also agree to the terms of spousal support. This involves determining the amount, duration, and conditions under which one spouse may provide financial support to the other.