Virginia Beach Uncontested Divorce Lawyers

Getting divorced in Virginia when spouses agree on issues

When spouses agree that divorce is the right decision and are also ready to cooperate on a settlement, an uncontested divorce is available. At Ernest Law Group, PLC, our Virginia Beach uncontested divorce lawyers are adept at negotiating settlements that preserve your property and parental rights while moving your divorce towards a swift conclusion. 

Benefits of an uncontested divorce

If at all possible, you will want to pursue an uncontested divorce for these reasons:

• Lower cost — Since you don’t go to trial, your expenses are much lower.
• Less time — Since you don’t need a hearing on your issues, you are not beholden to the busy court calendar. You proceed at your own pace, which is generally much swifter.
• Greater privacy — Your settlement negotiations are completely confidential, so you can speak freely without fear of public disclosure. By contrast, court proceedings are open to the public and create a public record. 
• Control over the outcome — If you go to court, you risk an adverse ruling from a judge. But when you negotiate a settlement, you only sign off on an agreement you can live with. If you feel a proposal violates your rights, you retain the right to take the matter to trial.
• Less emotional turmoil — A trial is adversarial and risky, so the stress factor is much higher. When you negotiate a settlement, you have ownership over the final agreement.

For couples with children, a negotiated settlement can lay the foundation for future cooperation in co-parenting, which not only gives you added peace of mind but also serves your children’s best interests.

Common issues that require agreement in a Virginia uncontested divorce

To obtain an uncontested divorce, you and your spouse must reach agreement on four essential issues:

• Alimony — A dependent spouse may need support in the short term before transitioning to self-sufficiency. Whether support is warranted, how much support should be granted and for how long are questions you must answer.
• Child custody — The couple must agree on who will provide a residence for the children, supervise them and care for them. There must also be agreement on who will make major decisions concerning their health and welfare and about the rights of the noncustodial parent. 
• Child support — The couple must agree on how much the higher-earning parent must pay the other parent for child-rearing expenses.
• Property division — There must be agreement on how the spouses will divide marital assets and debts.

These issues often require earnest negotiations between the parties. 

How long does an uncontested divorce take? 

The period from the filing of the petition until the divorce decree can be as short as a couple of months. However, Virginia requires couples seeking a no-fault divorce to live separate and apart without sexual relations for one year or, if there are no minor children, for six months. This requirement can add time to the process.

How a Virginia uncontested divorce attorney can help 

No matter how well-intentioned the parties are, disagreements can arise that might derail a settlement. An experienced attorney can protect your rights while working towards a reasonable compromise. If you opt for mediation to reach a settlement agreement, your attorney can provide counsel throughout the process. If a settlement is not possible, a Virginia Beach contested divorce lawyer at our firm can prepare your case for trial.

Contact our skilled Virginia trial lawyers for your uncontested divorce 

At Ernest Law Group, PLC, in Virginia Beach, we represent spouses in uncontested divorces throughout Virginia. Call us at 757-289-2499 or contact us online to schedule a consultation with a qualified family law attorney.