Norfolk Uncontested Divorce Attorney

What is the Quickest Way to Get a Divorce in Virginia?

If you are searching for the quickest way to obtain a divorce from your partner in Virginia, the solution is to pursue an uncontested divorce. You could finalize your divorce in as little as one or two months, depending on the issues you and your spouse need to resolve.

Establishing agreements for child custody, child support, visitation, spousal support, division of property, and other relevant issues may add a little extra time. Although if both you and your spouse generally agree on issues, your uncontested divorce proceedings should move fairly quickly since you can settle issues outside of court.

However, even in an uncontested divorce scenario, you will still need to meet the minimum requirement set forth by Virginia law for residency and separation prior to filing a complaint for divorce.

Difference Between a Contested and an Uncontested Divorce in Norfolk

A divorce can be one of the hardest and heart-wrenching processes to go through, even in the easiest of circumstances. Not only is it a big life change, but divorce can come with much uncertainty about what life will be like going forward.

It can be even more difficult when couples cannot effectively resolve issues without third-party intervention. Contested and uncontested divorces in Norfolk or elsewhere in the Commonwealth of Virginia have several key differences.

Uncontested Divorce

An uncontested divorce is exactly as it sounds. You and your spouse are not in disagreement about important issues associated with the dissolution of marriage. As a result, you are able to move forward with the necessary logistics to obtaining a divorce. Since you do not have any disagreements, the process tends to move far more quickly than a contested divorce.

Contested Divorce

Contested divorces usually take many months, sometimes even a year or two, to resolve due to the process and usual lack of agreement on several, if not all, aspects of the divorce. The most common issues couples usually do not agree on include child custody, child support, alimony, and property division. Sometimes, other issues are in question, such as child visitation. If domestic violence or other family law issues are involved, divorce becomes more complex.

Montagna Law is an experienced Norfolk law office that is fully equipped to help you work through your issues in either an uncontested or contested Virginia divorce. Whatever your situation, it is our goal to provide you with a high level of customer service when you work with us. The compassionate and understanding attorneys at Montagna Law know what you are going through and want to provide the support that will ease the process as much as possible for you.

Do You Need a Lawyer for an Uncontested Divorce in Virginia?

No, not necessarily. In some situations, one or both spouses may simply want to get through the divorce process and make it as “friendly” as possible. Most often they will decide to pursue an uncontested divorce, thinking they can file the paperwork, negotiate agreements, and essentially handle all the complexities associated with a dissolution of marriage on their own.

However, even uncontested divorces still produce agreements that need settling. Even if the couple is amicable with the process, it does not always go as smoothly as initially anticipated. Coming to full agreements regarding issues, such as child custody, child support, visitation, spousal support, and property settlement agreements can produce arguments that tend to quickly escalate without third-party intervention. When emotions are involved, a friendly situation can suddenly turn contentious.

Unfortunately, even if things do go smoothly with little to no arguments, a spouse might make agreements and decisions they later come to regret. It is important to remember life may look very different in a year or two. Agreements made now may not be appealing or even workable in the future. Yet, you will still be bound to any settlements you previously made. An experienced Virginia divorce lawyer can point these out to you and present scenarios you might not otherwise think about.

The knowledgeable attorneys at Montagna Law will discuss your options with you and help you through hard decisions. A divorce is not the time to take the do-it-yourself route because the decisions now will affect you for years to come. We can present scenarios of why an agreement may not be as amenable down the road. With us, you will have an objective advocate by your side to protect your interests and provide sound legal advice as the disputed issues get resolved.

How Much Does a Norfolk Uncontested Divorce Attorney Cost?

An uncontested divorce is far more predictable in nature than a contested one. As a result, law firms tend to set a flat fee. An experienced uncontested divorce lawyer in Norfolk should be able to know the paperwork and timetable for an uncontested divorce. This is a good topic to bring up with your attorney early on so you know what to expect.

Most law firms do not have a flat fee for contested divorces, however. This is because there is no agreement established, and it is probable there will be much back and forth in negotiations. As a result, the timetable can be very unpredictable.

Additionally, in contested divorce situations, there may be more hours involved due to the level of legal services you will need. For example, there probably will be many court appearances, additional appointments with your lawyer, numerous phone calls, and a higher degree of paperwork generated in a contested divorce.

Give our law firm a call now to ask about pricing for our legal services.

Requirements For a Divorce in Norfolk, Virginia

Once you meet the initial requirements of divorce law in Virginia, you may begin the process of taking the steps to obtain your final decree of divorce. The following steps are what you generally can expect.

Separation Period

To obtain a divorce in Norfolk, you and your partner must agree to a separation for a minimum of six months if you do not have any minor children. If you do have minor children you share, you must separate for at least one year.

Virginia does not require a formal separation agreement, but you must meet the Commonwealth’s requirements. It is advisable to speak to an attorney about filing a separation agreement because it may provide you with specific protections.

Complaint of Divorce

Once you finish your separation period, you will file a divorce complaint. This is the necessary paperwork you must submit to initiate the divorce process, which includes signing an affidavit in the presence of a notary public. You submit your complaint to your local circuit court and pay any associated court fees. You must include specific information in your complaint.

• Date of the marriage
• Location of the marriage ceremony
• Proof of Virginia residency for at least one spouse
• Names and ages of any children of the marriage
• Statement that both spouses are mentally competent
• Date the spouses began their separation period
• Whether either spouse is active duty military
• Request for court approval for a divorce to the filing spouse

It is important to keep in mind, if you want to claim adultery or other grounds for divorce, you cannot do this in an uncontested divorce in Virginia. You must be willing to file for a no-fault divorce. Essentially, you cannot file for a divorce on fault grounds unless you are willing to file for a contested divorce.

Waiver of Service

A waiver of service is common in uncontested divorce situations. This is because, in most circumstances, both parties are aware the filing will occur. The non-filing spouse can elect to execute a waiver of service, stating they are aware of and do not dispute the divorce filing. However, if they do object, the filing spouse must have a copy of the divorce complaint and court summons sent to the non-filing spouse to inform them. The paperwork must be served to the non-filing spouse by a third party who is not involved with the divorce case.

Finalizing the Divorce

Your spouse (as the defendant) must sign the final order of divorce in an uncontested divorce scenario. Once this is done, a Virginia judge will review all the divorce paperwork and then sign off on it. Next, the judge will send the paperwork to be filed. Then, your case will proceed through the system until your divorce is complete and a final decree of divorce is issued.

Legal Grounds For a No-Fault Divorce in Norfolk, Virginia

To obtain a divorce, you must provide a reason for the ending of your marriage. This step is where partners tend to fault the defendant for an action, such as adultery or a criminal offense that ends in a felony with jail time.

To avoid escalating what might otherwise be a less complex divorce, Virginia law allows spouses to file for a no-fault divorce. Requirements associated with a no-fault divorce in Virginia are very straightforward. You must meet the separation period of six months (if you have no children) or one year if you do have minor children from the marriage.

How Can Montagna Law Help Me With My Uncontested Norfolk Divorce?

The caring and compassionate attorneys at Montagna Law understand the difficulties that come with any type of divorce. Our lawyers will:

• Sit down with you and provide you with an initial consultation
• Explain the legal requirements for divorce in Virginia specific to your situation
• Ask questions and then discuss no-fault and grounds divorce options (to make sure uncontested is the right decision in your case)
• Provide objective advice regarding marital issues including child custody, support, visitation, alimony, and division of property
• Discuss ways to handle marital debt, if applicable
• Negotiate terms with your spouse and their legal representation
• Help you construct a legal affidavit in Norfolk Circuit Court to avoid a court appearance and make your divorce as painless as possible
• Represent you in court if you or your spouse decide to contest divorce terms

Our law firm has years of experience in family law and knows how to handle the intricacies and complexities that can arise in a Norfolk divorce, including the complications that can arise in military divorces. Over the years, our Norfolk law office has received many positive testimonials from clients, which we are happy to share with you.

“I love that my concerns are ALWAYS addressed, and my phone calls are returned.

Great staff!!” — Sickler J.

“Tyler Leard was great! Communication was outstanding!! Would highly recommend!! Thank you!” — Wade S.

Are You Planning to End the Marriage Cordially?

Divorce is never an easy process, even if two spouses are mostly or fully in agreement with how a divorce will go. Even if you plan to end your marriage cordially, a Norfolk uncontested divorce attorney can help you work through each agreement in your divorce case while protecting yours and, if applicable, your children’s best interests.

The attorney-client relationship is very important to our legal team, and it is our goal to provide top legal services to you. To schedule a consultation with Montagna Law, call us today. Our phone number is 877-622-8100, or, if preferable, you can fill out our online contact form.

If you are seeking legal representation in other practice areas of Virginia law, including personal injury or disability, we serve everyone in the entire Hampton Roads area, including Chesapeake, Virginia Beach, Portsmouth, Newport News, and Suffolk.