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Uncontested Divorce

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Uncontested Divorce Attorney

Ending a marriage is never easy, but not every divorce has to feel like a battle. For couples who can agree on important issues, such as property division, custody, and support, an uncontested divorce offers the opportunity to move forward with dignity, privacy, and less stress. At Mahoney Richmond Thurston, PLLC, our attorneys guide you through this streamlined process, helping you protect your future while avoiding unnecessary conflict.

What Is an Uncontested Divorce in Virginia?

An uncontested divorce is a legal process where both spouses agree on all key issues before the divorce is finalized. This approach avoids court battles, as there are no disputes for a judge to settle. To qualify, you and your spouse must fully agree on:

  • Property and debt division
  • Child custody and visitation schedules
  • Child support amounts
  • Spousal support (alimony)

Additionally, your marriage must meet the requirements of Virginia law. You must have lived apart for at least 6 months if you have no children, or 1 year if you have children. While the process is amicable, some uncontested divorces may still require a judge’s approval to become final.

The Process for an Uncontested Divorce in Virginia

The path to an uncontested divorce involves several key steps:

  1. Agreement Between Spouses: Both parties must reach a complete consensus on all divorce-related issues.
  2. Filing the Paperwork: One spouse files a Complaint for Divorce with the court to formally start the process.
  3. Preparing and Signing the Agreement: A comprehensive separation or property settlement agreement is drafted to document the terms you have agreed upon.
  4. Court Review and Approval: A judge reviews the agreement to verify it meets Virginia’s legal standards and protects the best interests of any children involved.
  5. Final Divorce Decree: Once approved, the judge signs the final decree, and the marriage is officially dissolved.

The Benefits of an Uncontested Divorce

Choosing an uncontested divorce provides several significant advantages:

  • Faster Resolution: These cases are typically resolved much more quickly than contested divorces.
  • Lower Costs: With fewer court hearings and less attorney time required, the legal fees are considerably lower.
  • Less Emotional Strain: Avoiding lengthy legal battles reduces stress and anxiety for the entire family.
  • Privacy and Control: You and your spouse decide the terms of your future, rather than leaving personal decisions in the hands of a judge.
  • Better Co-Parenting Foundation: Starting with cooperation can set a positive tone for a respectful co-parenting relationship moving forward.

Why You Still Need an Attorney for an Uncontested Divorce

Even in an amicable separation, having an attorney is critical. An experienced uncontested divorce attorney protects your rights and interests throughout the process by:

  • Drafting a legally binding and enforceable agreement.
  • Protecting your rights regarding property, custody, and support.
  • Preventing costly mistakes in paperwork that could delay the divorce.
  • Providing guidance if unexpected disagreements arise.
  • Representing you if the other spouse becomes uncooperative.

Let MRT Law Help You with Your Uncontested Divorce

The family law attorneys at Mahoney Richmond Thurston, PLLC, have a deep understanding of Virginia’s divorce laws. We provide personalized attention to create agreements that reflect your unique needs and goals. Our efficient and cost-effective approach is designed to reduce stress while protecting your future.

Known throughout Virginia Beach for our support of families, we are prepared to stand by you not only during the divorce but also in the event of future custody or support issues. Contact us today for help with your uncontested divorce.

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