Uncontested Divorce Virginia Beach | W. Ware Morrison Law Group

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Understanding the Virginia divorce process

Uncontested Divorce

Over 40 years of experience on your side

"They would reply to all my calls and questions in a very timely manner, and I was very satisfied with the end results."

- Lisa L.

Depending on your spouse’s disposition, you can choose either a contested or uncontested divorce:

  • Uncontested divorce – An uncontested divorce is one in which neither spouse wants anything from the other spouse and all issues have been resolved by the parties. The spouses must agree that they have irreconcilable differences and they no longer wish to live together as husband and wife. The first step is to file a separation agreement, which outlines how they will divide both their assets and their debts, spells out custody and visitation arrangements for any minor children, and an agreement on spousal support if that is going to be an issue. Then, the couple must live apart for six months if they have no children, or a year if they have children. The two can continue to live in the same household, however there must be separate sleeping arrangements, and there can be no physical relations.

If the spouses are not able to agree on those issues, they must pursue a contested divorce. Such a case usually proceeds as follows:

  • A divorce complaint is filed where the spouses live. The other spouse is required to answer within 21 days of being served papers.

Many people consider the divorce process to be extremely costly and time-consuming and find it hard to retain a skilled attorney for those reasons. However, at the W. Ware Morrison Law Group, many prospective clients are relieved to hear that we offer payment plans for our legal representation. Our experienced lawyers work with individuals and military members from Virginia Beach, Norfolk, Chesapeake and the Hampton Roads areas, guiding them through the process. When you retain our services, we analyze the facts of your case and help you understand your options. After speaking with us, you know exactly what to expect from your divorce.

The high-quality, affordable divorce solution for Virginia Beach, Norfolk and Chesapeake

 

At the W. Ware Morrison Law Group, we provide compassionate counsel for Virginians in contested and uncontested divorces. As a service to the middle class and military, we offer payment plans and extended office hours. For your free consultation, please call our firm at 757.401.4378 or contact us online.

  • Contested divorce – A contested divorce is one in which spouses are unable to agree on one or more issues. They may be unable to settle on division of property, spousal support, alimony, division of retirement funds, custody issues, parenting rights, visitation or child support. These matters are decided in a formal court setting.

  • The first court hearing is quickly scheduled to ask the court to issue temporary orders regarding spousal support, child custody, visitation, exclusive use and possession of the marital home, use of vehicles, attorney fees and injunctions against selling or destroying personal and real property or harassing the other spouse.

  • The discovery process begins. Each party serves upon the other interrogatories, written questions that must be answered under oath, and requests for production of documents. Typical documents include bank records, tax records, employment records, pay stubs and any other documents that may be relevant to the issues in the divorce.

  • Certain local city courts require that the spouses participate in a judicial settlement conference. The conference is handled by a retired circuit court judge to determine whether the issues can be settled and written in an agreement. After either six or 12 months of separation, a trial is scheduled. If the spouses are pursuing an at-fault divorce or disagree on issues, they present their evidence regarding adultery, abandonment, desertion, cruelty, custody, support and division of property and retirement funds. The court hears the testimony and evidence and then issues the final divorce decree with orders covering all of the contested issues.

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