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Do I Need to Go to Court to Get an Uncontested Divorce in Virginia?

Outside of those who work in the legal field, the idea of going to court can be intimidating, to say the least. Many people fear speaking to a judge, or saying the wrong thing, or even just the logistics of knowing where to be and when. Getting a divorce is one of the more common reasons people might have in their lifetime for being in court, but many individuals in Virginia seeking a divorce wonder whether there is some way around the process of having to go to court to get the divorce, such as through an uncontested divorce. You can indeed significantly limit the amount of time you need to spend in court with an uncontested divorce, but you may still need to go before a judge or commissioner at some point. That said, affordable help is available to prepare for this process.

What an Uncontested Divorce is in Virginia

To obtain a divorce ending your marriage in Virginia, it will have to be approved by a judge. There are several matters that need to be addressed in your divorce before the judge will approve it, including:

  • What marital property each spouse should receive
  • Whether spousal support should be paid, how much, and for how long
  • Custody arrangements regarding any children
  • Child support payments (which are impacted by custody arrangements)

With an uncontested divorce, you and your spouse will reach an agreement with each other on all of the applicable above issues, draft those terms up in a settlement agreement, and then submit that to the judge for his or her review and approval. By doing so, you do not have to go to court for a hearing on these issues.

That said, to be clear, you may have to speak to a judge (or a commissioner in some cases, if the parties request that option) at least once to present the judge with the settlement agreement, among several other documents, for his or her approval. Judges want divorcing couples to be able to reach agreements on their own, so, assuming the agreement is fair and provides for the best interests of the children, such an agreement is likely to be approved.  Generally, if both parties are in agreement and cooperate fully in signing all necessary documents, no apperance in court in needed.

Help in Your Virginia Uncontested Divorce

Having an uncontested divorce in Virginia, however, does not mean you have to figure out all of these things on your own. At Kurylo Gold & Josey, PLC, we assist individuals seeking uncontested divorces through our $375 uncontested divorce package. With that package, you will communicate with our attorneys via email regarding any questions you have regarding the divorce process and necessary documents. We will draft all legal documents and file the appropriate documents with the court (you are responsible for the filing fees of $86-$91 as well as a $41 fee to change your name, if so desired).

After filing, our team will forward the necessary documents to you and your spouse for review and signature, which will include affidavits signed by you and a witness to corroborate the assertions in the divorce documents. We will then send the final divorce decree to the court, with all the supporting documents, and will provide you further information on receiving the final divorce decree.

Contact Us Today To Get Started

If you would like to get started on the uncontested divorce process, please complete our intake form.