Marriage is a spiritual and legal joining together of two people who wish to spend their lives in harmony. But sometimes due to some differences which could not be resolved the couple decides to part ways and divorce. The decision to end a marriage is never easy as the couple has spent time together and once loved each other. Many times the couple after mutual consent divorce on a good note but sometimes the divorce ends in legal battles such as spousal support cases, child custody cases. The divorce cases mostly come under family law, and the divorce cases can be quite lengthy due to different complications.
There are two types of divorce ‘contested and ‘uncontested divorce.’ A contested divorce is one of the most complexes of divorces, as both the spouses that cannot come to terms and agree on different issues about their marriage and divorce. An uncontested divorce is an opposite where both the spouses agree on all the problems regarding their divorce which includes division of wealth or property, clearance of debts, child custody, child support, and alimony. The uncontested divorce mostly saves time, effort and usually gets done in fewer legal fees.
There are different rules of uncontested divorce in each state, but the couple must fulfill the specific legal requirements they can proceed with the uncontested divorce. As it is a legal matter, it is better to consult and employ services of a lawyer who specializes and is experienced in handling family law cases.
Is Uncontested Divorce best option for you?
A divorce is only considered uncontested when both the couple and spouses agree on all issues before filing any papers in court. Both the husband and wife must sign and certify certain documents, including a ‘Settlement Agreement.’ If one of the spouses is in doubt and does not endorse the papers, then the divorce is not considered as uncontested.
The main issues or concerns that the husband and wife must agree on includes:
- Division of wealth and property
- Sharing of the outstanding debt
- Spousal support or alimony
- Custody of the child or children
- Child support which includes education, shelter, and accommodation
When the couple agrees to marry, then they must also agree to divorce in good terms without playing the blame game or dragging the matters in court which is not only time consuming but also cost a lot of money in retaining lawyers and attorneys. When the couple is married for short duration of time, and there are no kids or significant wealth to distribute then the divorce is pretty straightforward and can be even done without any assistance from an attorney. Employing a lawyer for uncontested divorce becomes necessary when
- the marriage is more than two or three years
- the couple have bought a house which they would settle
- there are outstanding debts and assets which needs to be divided
- when the couple have two or three children
The lawyer would be responsible for getting the signatures of both the spouses on the ‘Consent Decree or settlement agreement) which the judge oversees and signs to make the divorce official.
Uncontested divorce lawyer in Virginia – call us at 888-437-7747.