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If you have a settlement agreement and have been legally separated for the required amount of time, you may qualify for an uncontested divorce, which is much less contentious than a traditional divorce.
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How Long Does an Uncontested Virginian Divorce Take? When the issues are settled and the "grounds" criterion has been met, the full Virginia divorce process can often be completed in 30 to 90 days after the divorce complaint is filed. In fact, you might not even need to appear in court to conclude the divorce if your petition is granted. Virginia Divorce Process Walkthrough by Skilled Attorneys: Whether you and your spouse agree to an uncontested divorce or disagree on one or more of your important divorce or other family law issues, our experience and knowledge of the Virginia divorce process and family law can be helpful to you. Virginia protective order appeal denial of protective order Virginia you can rely on us for innovative, excellent legal counsel, excellent communication, accessibility, and responsiveness whether your divorce is contentious or uncontested. What Grounds are There for an Uncontested Divorce in Virginia? Courts in the Commonwealth of Virginia are not allowed to award a divorce without a foundation (i.e., the legal justification for the divorce). Divorce Lawyers South Riding VA
Virginia, you must have been apart from your spouse for the required period of time in order to obtain an uncontested divorce. If you and your husband don't share any minor children and have a separation agreement that settles your financial disagreements, you and your husband may be eligible for divorce after six months of separation. If you have minor children, the separation period required for an uncontested divorce, also referred to as a "no-fault divorce," is one year. VA requirements for uncontested divorce include: An uncontested divorce may just need for a straightforward marriage settlement agreement, following which you would simply petition for divorce based on a one- or six-month separation. The arrangement you would need, however, is significantly more intricate and entails not just child custody and support but also an evaluation of your real estate, property assets, retirement funds, and tax issues. The Virginia divorce process may move forward if you and your spouse have significant disagreements on important issues relating to child custody, property division, debt division, child support, or spousal support. The attorneys can offer advice as you through the usually challenging divorce procedure. Our attorneys can help you by helping you to clearly define your needs and goals, thinking through the difficulties, understanding your rights, assessing your options, and choosing the course of action that will offer you the best chance of achieving the results you want. What is a contested divorce in Virginia? When there are disputes over critical issues and early attempts to construct a negotiated or mediated divorce resolution have failed, your case is labeled "contested" by the court and by counsel. amend preliminary protective order virginia the following elements could influence a divorce's contentiousness:. parenting period. help for children. division of real estate. support for the spouse You and your spouse have two options: either you and your spouse come to a written, signed agreement settling all or any of these contested divorce matters, or a judge will determine these issues in accordance with a written order of the court after considering the evidence offered at the divorce trial. Virginia's Contested Divorce Grounds: In contested divorce proceedings, either party may proceed with the divorce on the basis of having met the required separation requirements from their spouse;. A ground that is founded on fault, like adultery, Disengagement, abandonment. Cruelty What is the Contested Divorce Process in Virginia?
From the day they are served with the "Complaint," which is the filing used to start a contentious divorce litigation in Virginia, your spouse has three weeks. The case then moves into the key "discovery" stage. If your case involves a serious dispute over issues like child custody, visitation, child support, alimony, spousal maintenance, or the division of marital assets and debts, we will work hard to obtain swift, reasonable results outside of court. Describe Discovery is the procedure of gathering data from the opposing side before a trial. These include taking oral depositions, issuing or responding to "interrogatories," requesting or meeting requests for the production of documents, and other typical discovery procedures. Divorce Lawyers Ashburn VA during this stage of the divorce process, the Fairfax divorce lawyers continue to strive for out-of-court agreements while also preparing for a trial. What Takes Place During a Divorce Case? In some states, the entire divorce case is tried in one proceeding. In other countries, controversial cases are split into two trials, with the first trial specifically designated to settle custody and visitation issues. Each party's attorney presents their case during a trial, during which evidence is provided, and the judge considers the arguments and the evidence before reaching a verdict. Divorces that are contested require more time to complete than uncontested divorces do. Contact the Fairfax divorce lawyers at SRIS legal right away to discuss your case: Since 1981, SRIS attorneys have helped clients in Fairfax and the surrounding regions end their marriages amicably. attorney to contest protective order Virginia in Virginia criminal Virginia Maryland traffic attorneys Our agency, which is completely focused on family law concerns, serves clients in both uncontested and disputed cases. Failure does not contribute to divorce. It is something that everyone can go through; in fact, roughly 40% of couples in the US go through it. It is something that everyone can go through; in fact, roughly 40% of couples in the US go through it. What matters now and what will have the biggest impact on you moving ahead is how you end the marriage. To explore your situation, schedule a free consultation with one of our experienced divorce attorneys in Fairfax. You can reach our organization online or at 888-437-7747.