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  • John C. Whitbeck, Jr.

    Partner

    John C. Whitbeck, Jr. practices in the following areas of law: Family Law, Divorce, Child Custody, Child Support, Visitation Rights, Adoptions, Spousal Support, Mediation, Arbitration, Relocation Cases, Domestic Violence, Criminal Law, DUI/DWI, Reckless Driving, All Felonies, All Misdemeanors, Juvenile Crimes, Mental Health Law, Civil and Business Litigation, Construction Litigation, Education Law, Election Law, Debt Collection, Consumer and Lemon Law.

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  • Ruth M. McElroy

    Partner

    Ruth M. McElroy practices in the following areas of law: Family law, Divorce, Child Custody, Child Support, Visitation Rights, Adoptions, Spousal Support, Relocation Cases, Pre and Post Marital Agreements, Domestic Violence, Reckless Driving, DUI/DWI, Juvenile Crimes, Felony and Misdemeanor Crimes, Traffic Offenses, Debt Collection, Civil and Business Litigation. She serves the Virginia Court system as a Guardian ad litem.

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  • Jennifer D. Cisneros

    Partner

    Jennifer D. Cisneros practices in the following areas of law: Family law, Divorce, Child Custody, Child Support, Visitation Rights, Adoptions, Spousal Support, Relocation Cases, Domestic Violence, Juvenile Crimes, Reckless Driving, DUI/DWI, Estate Planning, Wills and Probate, Trusts, Civil and Business Litigation and Debt Collection.

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5 Signs That You Need an Uncontested Divorce in Virginia

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Getting divorced in Virginia can be tough, especially if you do not know whether an uncontested divorce is the right choice for your circumstances.

In Virginia, an uncontested divorce is one in which both spouses on all aspects of the divorce. In other words, parties have no disagreements or conflicts regarding spousal support, property division, child custody, and other issues.

There are five reasons that you need an uncontested divorce in Virginia, or, at the very least, should consider this option.

  1. You Are Eligible For an Uncontested Divorce

If you meet the following criteria, you may be eligible to get an uncontested divorce in Virginia:

  • Both parties have been residents of Virginia at least six months
  • Spouses have no disagreements regarding family law issues in their divorce
  • You have lived apart from your spouse for a while (six months if you have no children or a year if you have children)
  • There are no accusations of bodily harm, cruelty, domestic violence, desertion, abandonment, or any criminal activity resulting in felony charges.

Speak with a Leesburg divorce attorney to determine your eligibility for an uncontested divorce.

  1. You Do Not Want to Be in the Courtroom

Virginia law allows parties to get a divorce by using a property settlement agreement. In the event of an uncontested divorce, that agreement must be used to outline all the terms and aspects of the divorce.

As a result, you can avoid courtrooms without having to appear in front of a judge. However, parties are still expected to spend a minimum time in the courtroom so that a judge can make sure that neither spouse was coerced or manipulated into signing the agreement. But do not worry, this will only take like an hour of one day, and that is it.

  1. You Want to Split on Good Terms

If you want to avoid a messy, contested divorce, in which all anger issues, conflicts, and frustrations get brought up in front of a judge, an uncontested divorce is the ideal solution for you.

If both spouses realize that they are not compatible and want to split on good terms without stirring in the past, opt for an uncontested divorce.

  1. You Have Reached a Consensus on Everything

When it comes to getting an uncontested divorce in Virginia, spouses are required to agree on all aspects of their divorce from child support and alimony to property distribution and division of joint debt.

You will need a Leesburg divorce lawyer to put all these agreed-upon aspects into a written legal agreement. When drafting a property settlement agreement, all the tiny details matter, which is why you need a knowledgeable family law attorney to offer invaluable personal advice and guidance.

  1. You Want to Lower the Cost of Your Divorce

A common belief is that divorces are always expensive, but it does not have to be this way. An uncontested divorce is far less expensive than contested divorce because everything – from filing fees and court costs to attorney’s fees – is reduced considerably due to the simplicity of the divorce.

Contact our Leesburg family attorneys at Whitbeck Cisneros McElroy, PC, to discuss your eligibility and determine whether an uncontested divorce is the right option in your case. Call at 703-997-4982 for a case review.

https://www.whitbecklegal.com/how-to-prove-a-parent-is-unfit-in-virginia-child-custody-cases/

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