Spotsylvania Uncontested Divorce Lawyers
Virginia attorneys protect divorcing spouses’ interests
Most divorces do not play out in the courtroom. Many are achieved through mutual agreement on all material issues that must be decided in ending a marriage, such as property, support and parenting concerns. At Simmons and Hodge, PLC in Spotsylvania, Virginia, our attorneys help clients throughout the Fredericksburg region complete the uncontested divorce process efficiently.
What is uncontested divorce?
A divorce is uncontested when both spouses agree on all key issues of dissolving their marriages, including property and debt division, spousal support and child custody and support.
Uncontested divorce offers these advantages:
- Lower costs — Legal fees and court costs are significantly reduced since there’s no prolonged litigation. Also avoided are expenses tied to discovery, hearings and expert witnesses.
- Faster resolution — With no disputes to litigate, the divorce process requires only minimal court appearances and sometimes just paperwork.
- Reduced stress and conflict — Agreement between spouses minimizes emotional strain.
- Privacy — Less courtroom drama means fewer personal details are aired in public records.
- Benefits for children — These divorces reduce children’s exposure to conflict. Agreements on custody and visitation are more likely to be respected when both parents help shape them.
- Control over outcome — Spouses craft their own settlement terms rather than leaving decisions to a judge. Agreements can be tailored to the couple’s unique circumstances.
The spouses in an uncontested divorce enter a settlement agreement that is presented to the court for review and approval and that is incorporated into the final court decree.
How to file for an uncontested divorce
An uncontested divorce is filed on no-fault grounds. Virginia allows for filing a no-fault divorce after six months of separation under a signed separation agreement if there are no minor children, or after one year if there are minor children. All required paperwork must be filed with the Circuit Court in your county of residence. Once a judge determines that you meet the requirements for divorce and that the best interests of the children are protected, the divorce can be finalized.
Understanding the settlement agreement
The marital settlement agreement is a contract that outlines the terms of ending the marriage. It provides for asset and debt division, spousal support, child custody and visitation and child support. Once the agreement is voluntarily signed by both spouses without coercion, duress or fraud and is approved by the court, it becomes a binding contract to which both parties must adhere. We can help you negotiate and draft a settlement agreement that meets legal requirements and protects your rights.
Reaching concurrence on key issues
Many couples embroiled in divorce do not immediately agree on all the issues. Often professional assistance is needed to reach concurrence and proceed with an uncontested divorce. A divorce attorney and a mediator can be invaluable in helping you come to agreement. A mediator is a trained and neutral facilitator who guides the parties toward an agreement. As highly experienced family lawyers, we can help you by negotiating settlement on your behalf or, if you enter divorce mediation, represent you in that process to ensure the decisions made are in your best interests.
Contact our Virginia law firm for help with your uncontested divorce
Our uncontested divorce attorneys at Simmons and Hodge, PLC, assist residents of Spotsylvania County, Stafford County and the entire Fredericksburg area. Call 540-710-7800 or contact us online to arrange a consultation.
