Uncontested Divorce
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A divorce is considered "uncontested" when you and your spouse have signed a written agreement resolving all outstanding issues in the case. If children were born to the marriage, the agreement will need to address:
- Legal custody of the child(ren) - Who will make decisions on behalf of the child(ren)? Do you want to have joint legal custody of your child(ren) with your spouse, or should you be the sole decision maker.
- Primary Physical Custody - Where will the child(ren) live the majority of the time.
- Visitation - When and under what terms, will the child(ren) visit with the parent with whom they do not live primarily? Visitation will need to include holidays, birthdays, and time over the summer.
- Child Support - The parent who does not have primary physical custody will need to pay child support based upon the Virginia Child Support Guidelines.
Whether you have children or not, the agreement will need to provide for the following:
- Property Division - A division of all of the marital property including, but not necessarily limited to all real estate, cars, boats, furniture, jewelry and all other items in the last marital residence. The agreement will also need to divide all bank accounts, stock, bonds, mutual funds and retirement plans.
- Spousal Support - Will you or your spouse need monthly assistance when the separation occurs? If so, how much money is to be paid each month and for how long.
- Attorney's Fee - Will one spouse be paying all the attorney's fees, or will each person pay for his or her own lawyer?
Once the written agreement, which is often referred to as a Property Settlement Agreement or Post-Nuptial Agreement, is drafted and signed by both parties, the remaining portions of the "uncontested" divorce are simple and straight forward.
If the case is truly "uncontested" and you have no children, you and you spouse can be divorced as soon as six months after you separate. If children were born to the marriage, you must wait one year to get a divorce, whether you have a written agreement or not.
Give us a call at 540-721-6028 for any assistance with your divorce.
