Usually, a divorce involves filing procedures and court proceedings. And, obviously, these could be frustrating and time-consuming, apart from being a costly affair.
However, when seeking an affordable and easy alternative, spouses may seek an uncontested divorce.
What is an Uncontested Divorce?
In simple words, when none of the parties involved in a divorce fights for property distribution, the decree is known as an uncontested divorce. The divorce can be granted with a simple procedure. Thus saving both money and time for a usual divorce proceeding.
Virginia, although being a no-fault state, allows uncontested divorce under certain conditions. A lawyer experienced in family law can help you understand how to file for divorce in VA as per your individual case. They will also guide you through the do’s and don’ts that could make the whole process smoother and faster. So be sure to consult with an experienced attorney before proceeding with your divorce.
Who can File for an Uncontested Divorce?
Usually, every married couple seeking a divorce is eligible for an uncontested decree, if they meet the following conditions:
– There are no remaining disagreements regarding child custody, property division, etc.
– After a divorce is filed, the other spouse does not contest.
– The plaintiff should be a legal resident of Virginia for at least 6 months.
Receiving Uncontested Divorce Grant
It is noteworthy that there are usually two ways to seek a divorce when no spouse contests the decree.
Divorce by Affidavit
The first and the most common way to conclude a divorce is by affidavit. You should “learn more about divorce by deposition affidavit from Michael Ephraim Law Office” for a better understanding of the case. That being said, during a divorce by affidavit there is no need to attend any court hearings or proceedings.
Both the spouses usually sign an affidavit to dissolve the marriage. The formalities needed include filling out paperwork and producing a witness.
The paperwork usually includes mentioning the date of marriage and separation. The spouses also need to mention child-related agreements and the same for the property distribution.
On the other hand, a witness is needed to testify that the spouses want to split away. And also stand witness to their separation for the records.
Divorce by Publication
The other, less common, type of uncontested decree is seeking a grant through publication.
In Virginia, divorce by publication is usually granted if one of the spouses has deserted the other. However, it is necessary that the abandonment should be for at least a period of 1 year.
During this process, a notice is published in a local newspaper for 4 weeks. Besides, a formal notice is also mailed to the last known address of the other spouse.
If there is no contest or revert received from the defendant party, the court grants a divorce. And the same is again published legally in a local newspaper.
How a Legal Attorney can Help?
Although the case is not contested in the court of law, there are still several legal procedures that need to be followed. For someone inexperienced with legal documentation, it could be a daunting experience to do it all by themself.
Rather than handling divorce cases on your own, it is better to let a legal attorney handle them for you. The attorneys are better versed with the legal implications and can navigate your case without any fuss. Besides, they can also help receive divorce grants in no-time, thus saving a lot of money in the process.
