Sylvester Sylvester says...

Divorce can often be an emotionally and mentally stressful period for both parties and the actual legal proceedings may seem just as difficult and draining, but it does not have to be. If you have an uncontested divorce in Virginia and you understand what to expect, the divorce procedure can be seamless, relatively quick and inexpensive. This blog post will guide you through the An uncontested divorce is usually easier and faster than litigated divorce, and it usually costs considerably less cash. According to USA Today, the average expense of a contested divorce in Virginia is $14,500 if no kids are included and $21,800 if minor children are involved. Whereas, an uncontested divorce usually costs a fraction of those figures. What are the terms of the divorce that must be agreed upon by both parties? To have an uncontested divorce in Virginia, both parties must agree on all the issues of the divorce, such as the division of property, division of financial obligations, child custody, visitation, child support, and alimony. If both spouses can agree on all such relevant issues, without court intervention, then the divorce can be finalized without a trial. If an agreement can’t be reached, the divorce will be a contested case and a trial in front of the court must occur to finalize - the divorce. There are several advantages to getting an uncontested divorce in Virginia. Perhaps the greatest advantages are that it can be much faster and cheaper than going through a contested divorce. An uncontested divorce can usually be completed within 20 to 60 days. Whereas, a contested divorce can take anywhere from six months to several years to finalize. Another benefit to an uncontested divorce is that it enables you and your spouse to preserve control over the result of the divorce. In litigated divorce, the judge chooses how to divide custody, child support and marital property, and his/her choice might not be what either spouse desired. Nevertheless, in an uncontested divorce, you and your partner are able to come to an agreement on these problems yourselves, so you can be sure that the outcome will be reasonable to both of you. Process of an Uncontested Divorce in Virginia. The first step in getting an uncontested divorce in Virginia is to ensure that you meet the residency requirements. To get a divorce in Virginia, at least one partner needs to have lived in the state for a minimum of 6 months prior to filing. You'll have to collect all the necessary documentation when you've identified that you fulfill the residency requirements. This consists of a Petition for Divorce and a Final Decree of Divorce. The Petition for Divorce is the document that begins the divorce procedure and must be submitted with the court. It consists of info such as the grounds for divorce, child custody plans, and marital property division. The Last Decree of Divorce is the file that formally ends the marriage and needs to be signed by the judge. When it comes to managing the divorce process, you have a number of options. You may hire a lawyer to take care of your uncontested divorce. This option comes with the added cost of attorney's fees. You can handle it totally on your own. Nevertheless, you are still required to submit all the necessary documents and all your divorce documents need to be appropriately submitted, otherwise, the judge will not grant your divorce. A third option is using a Virginia online divorce - service. This option permits you to handle your divorce without having to employ an attorney, while ensuring you have the right divorce papers for your scenario and that they are correctly prepared for the judge's approval. After you have actually gathered all the needed documents, you'll be required to submit it with the district clerk in your county. You can do this electronically, by mail or in person. You will likewise have to pay the county's filing charge, which typically costs approximately $100-$200. When the documents has actually been filed, you need to either have your partner served with the Petition for Divorce or your spouse can sign a Waiver of Service. If your partner will not sign a waiver of service, then when your partner is officially served with the divorce documents, he or she will have twenty-one days to file an answer. You can move for a default judgment if they do not file an answer within that time frame. You can move forward with an uncontested divorce if you and your partner reach a settlement agreement on all the crucial problems. You will need to prepare a Martial Settlement Agreement and an Agreed Final Decree of Divorce that incorporates the Marital Settlement Agreement, which lays out the terms of the divorce, including division of assets, child custody and support, visitation, and alimony (if suitable). There are other documents that will need to also be prepared and submitted in your divorce case depending on whether or notminor children are included. If you want to handle your uncontested divorce yourself to save money on legal representative fees, then utilizing a quality online divorce service will ensure you actually have all the needed divorce documents and that they are prepared appropriately. Once the Marital Settlement Agreement and Agreed Final Decree of Divorce is signed by both spouses, you are ready to start the final stage of finalizing your divorce. Virginia does not have a required waiting period before a divorce can be finalized. Once you have all the necessary documents signed, you will need to appear in court for a short hearing, called a "prove-up." It's described as a "prove-up" hearing because this is where you show up your divorce showing that you fulfill the minimum requirements to get a divorce in Virginia which all problems have actually been resolved. Typically, just the filing partner is required to appear in court for the prove-up hearing. You will be required to bring all your divorce documents, including your Marital Settlement Agreement and the Final Decree of Divorce, which the judge will sign, making your divorce complete. Getting an uncontested divorce in Virginia is a straightforward and relatively simple process. Therefore, if you and your spouse are able to reach an agreement on all key problems, you will save yourself a great deal of stress, time and cash.
Sylvester Sylvester, Uncontested Divorce in Virginia
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