What is an Uncontested No Fault Divorce?
An uncontested no fault divorce in virginia is a type of divorce where both parties mutually agree to end their marriage and have reached a settlement on all issues, including child custody, division of assets, and spousal support. Unlike a contested divorce, where couples go through a legal battle in court, an uncontested no fault divorce allows couples to avoid litigation and resolve their issues outside of the courtroom.
How Does an Uncontested No Fault Divorce Work in Virginia?
In Virginia, an uncontested no fault divorce in virginia is based on the grounds of separation. According to Virginia law, couples must live separately and apart for a minimum of six months if they have no minor children, or for a minimum of one year if they do have minor children. This period of separation demonstrates to the court that the marriage has irretrievably broken down and that there is no hope for reconciliation.
To file for an uncontested no fault divorce in Virginia, couples must meet the following requirements:
Residency: Either you or your spouse must have been a resident of Virginia for at least six months before filing for divorce.
Separation: As mentioned earlier, you must have lived separately and apart for the required period of time.
Agreement: Both parties must have a written agreement that resolves all issues related to the divorce, including child custody, child support, spousal support, and property division.
Once these requirements are met, the couple can file a joint petition for divorce, along with the written agreement, with the appropriate court in Virginia. If the court determines that the agreement is fair and reasonable, the divorce will be granted without the need for a court hearing.