Till death do us part” is a vow most couples make to each other when getting married. But sadly, there are many other reasons than death for an ended marriage.
You may dissolve your union when you and your partner face issues such as lack of intimacy, infidelity, and not being prepared for marriage. However, making the decision is just one piece of the puzzle. You must also legally end your marriage, which can be an emotionally, physically, and financially draining process.
You and your partner may opt for an uncontested divorce to avoid all these complexities. In this blog, you will learn the differences between contested and uncontested divorces and what you should know when filing.
The Difference Between Contested and Uncontested Divorces
Both uncontested and contested divorce are paths you can take to dissolve your marriage legally. If you and your soon-to-be ex-partner agree on the divorce terms and issues like division of assets and child custody arrangements, it is an uncontested divorce.
On the other hand, a contested divorce is the process of dissolving a marriage union where the partners fail to agree on critical issues. Here, the matter proceeds to court, and a judge helps the two partners agree on issues like co-parenting and division of assets.
Are You Eligible for a Virginia Uncontested Divorce?
If you want to file an uncontested divorce in Virginia, the process is not as straightforward as you think. Here are the eligibility requirements you must meet to be eligible:
Residency
One of the soon-to-be ex-spouses must be a bona fide Virginia resident who has lived in the state for six months before the divorce.
Separation
“Just because you have agreed on the terms with your partner does not mean you are eligible in the eyes of the law. Virginia family law requires that the partners have lived apart without sexual relations for a minimum of six months if they have no minor children and one year if they have minor children. This will be verified through credible witness testimony,” says Park Zeigler PLLC attorney Jason Barlow.
Signature
Both parties must be willing to sign the divorce papers and settle any issues related to the divorce.
How to File an Uncontested Divorce in Virginia
Filing an uncontested divorce in Virginia follows a three-step process, as you will see below:
Step 1
You and your partner must agree to the terms of your divorce. This will include the division of debts, property, and child custody.
Step 2
You must compile the following information as it may come in handy during the divorce process:
- Your complete legal names, birth and separation dates, driver’s license, and social security numbers
- Annual household income
- Your current and past areas of residence
- Licenses owned by both parties (including employer contact information)
- Wedding location and date
- Court orders consenting child support and custody
- Amount and frequency of custody payments
- Health insurance coverage information
Step 3
Once you have all this information, you will fill required legal documents. Below are examples:
- The Virginian Marital Settlement Agreement- Specifies property division, alimony child support, and other responsibilities
- Complaint for Divorce Form- Contains your name, spouse’s name, and place and reason for divorce
- Vital Statistics Form VS-4 is similar to the complainant form but submitted to the Department of Health Office of Vital Records.
- Domestic Case Cover Sheet- Contains details of the spouses, attorneys, and domestic issues.
- Affidavit of Moving Party in Divorce Proceeding- includes the names of the children’s pregnancy (if applicable) and grounds for divorce.
Conclusion
If you and your partner want to file an uncontested divorce, you should consider working with an experienced Virginia family lawyer. They will help you with the paperwork, ensuring you adhere to all the deadlines and follow all the regulations for a smooth transition into post-divorce.