Divorce can be simple or complicated, painful or less painful. It is my goal to help you end your marriage without unnecessary anguish.
Ending a marriage means tying up a lot of loose ends. If you have agreed on everything – property, spousal support, child support, custody, visitation schedule – then your divorce is uncontested. If you have agreed on nothing other than to divorce, or even on all issues but one, then your divorce is not uncontested. An agreement should be drafted by counsel to clarify all terms.
If there is any issue that you and your soon-to-be-ex have not agreed upon, you have a contested divorce. Any time you resolve all the issues your divorce then becomes uncontested. If there are areas of contention that cannot be resolved by negotiation, then the matter is brought to court and put before a judge.
In order to divorce, you must first separate. If you have no children, and you resolve all matters of property and support in a written agreement, then you can file for divorce after a 6-month separation. If you don’t have–or cannot come to–a written agreement, then you must be separated for 12 months before you can file for divorce, whether or not you have children. The Commonwealth of Virginia does not require any paperwork for separating. It is now possible to be separated while living in the same home, but there are parameters. Call our office to learn more about this. It is best if the parties can move to separate residences by the time the divorce is filed.
Granted only under very limited circumstances, such as one spouse having committed a felony prior to the marriage that the other spouse was unaware of, or if either spouse entered into the marriage under duress. There is no required separation period for annulment. Call our office to make an appointment to discuss whether an annulment or a divorce is appropriate for your situation.