Concerned Norfolk, Chesapeake and Virginia Beach Uncontested Divorce Attorneys Focus on the Specifics of Your Case
Even uncontested divorces require knowledgeable legal advice
When a divorcing couple cannot agree on one or more terms of the dissolution of their marriage, they must endure a contested divorce. The circuit court makes the decisions they cannot and issues a formal order setting the terms of their divorce. If a couple can agree on every point of their divorce agreement, and simply asks the circuit court to approve it, they can file for an uncontested divorce.
Many people think that uncontested divorces mean no lawyers need to be involved, but this is not the case. Many legal issues can arise with an uncontested divorce as with a contested one. If you require the services of an uncontested divorce lawyer in the Virginia Beach, Chesapeake or Norfolk areas of Virginia, contact Harding, Harding & Harding Attorneys at Law today.
Grounds for an uncontested divorce in Virginia
An uncontested divorce in Virginia must still be based on some cause of action. The cause of action may be either no-fault or fault-based:
- No-fault grounds for divorce are:
- Living separate and apart for six months with a separation agreement in place and no children to consider
- Living separate and apart, with no cohabitation, for one year
- Fault-based grounds for divorce are:
- Abandonment of the spouse
- Willful desertion of the spouse
- Conviction and imprisonment for at least one year
- Cruelty of one spouse against the other
The type of grounds you choose may affect the results of your divorce proceeding. Knowledgeable uncontested divorce attorneys in Chesapeake, Virginia Beach or Norfolk like Harding, Harding & Harding Attorneys at Law can discuss your options with you and advise you regarding the pros and cons of each.
A court appearance may not be required for an uncontested divorce
According to the recently passed House Bill 126 in the state of Virginia, an uncontested no-fault divorce can be granted based on simple affidavit or written deposition, so long as it is recognized and signed by the plaintiff in the case as well as a third-party witness. This law changes a longstanding rule that required these parties to testify in person in a circuit court.
While this measure certainly simplifies the process of uncontested divorces in Virginia, specific circuit court judges from one jurisdiction to the next have very different ideas about the role of the third-party witness in this process. Some simply want a sworn statement that the plaintiff is telling the truth, others ask for more detailed corroboration. Experienced uncontested divorce lawyers in Virginia Beach, Norfolk and Chesapeake have experience with these judges, and can advise you on what to expect in your particular case.
As Norfolk divorce lawyers, Harding, Harding & Harding Attorneys at Law know how a Virginia Beach contested or uncontested divorce can disrupt your life. We are prepared to guide you through the process from start to finish and steer you towards a fresh start and a new life after your divorce is complete.
A Virginia Beach uncontested divorce lawyer in your corner
At Harding, Harding & Harding Attorneys at Law we know how to protect your best interests in an uncontested or contested divorce. To schedule a free initial consultation today, contact us contact us online or at 757-499-2600.