Important Information About Uncontested Divorce

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The following information is provided in the hope of helping you reach a better understanding of a simplified uncontested divorce:

  • The simplified uncontested divorce procedure assumes that there are no unresolved issues. If your spouse contests the divorce or otherwise fails to cooperate, the case may become considerably more complex and costly, and in some instances may be transferred to another Court.
  • The quoted flat fee is considered earned in full when all paperwork requiring signatures of either party has been drafted and sent to the parties.
  • By not requesting relief in the divorce action, you WAIVE IT PERMANENTLY. If you change your mind and wish to request relief after filing the divorce, please let me know immediately, since you may amend pleadings to do so. Such relief includes spousal support (alimony), which any party may request in any case. Whether it is awarded and how much is awarded depends upon a list of factors in Code of Virginia, Section 20-107.1, including the length of the marriage, income and income producing ability of the parties, education, training, and health of the parties, the marital standard of living, the monetary and non monetary contributions of each party, and the factors causing the dissolution of the marriage, including any fault ground, although spousal support is not awarded as a punishment. Unless you specifically request otherwise, I assume that you intend to waive permanently all relief except the divorce itself.
  • The Court also has the authority to divide marital property and debts, including pension and retirement interests, real estate, and investments. The Court will not deal with such issues (or alimony) in an uncontested divorce unless the parties have signed an agreement resolving them. If you have an agreement that a jointly-titled home will be your property, you should obtain and record a deed before the divorce is finalized.
  • If your spouse does not accept service of process or is not served in some way within one year of filing the divorce suit, the Court may dismiss the case, and the Court may also dismiss the case if two years elapse at any point with no action taken.
  • Unless we agree otherwise in writing, my representation terminates upon entry of a divorce decree, even if it may be customary for attorneys to provide other services with a divorce. I do not provide tax or real estate advice and perform no services in those areas. If you feel it necessary, please consult a specialist in those areas before finalizing the case.

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