Uncontested Divorces

Posted by Virginia Divorce Info at 10/16/2008 3:04 PM
Categories: Divorce

In Virginia, the grounds for a no-fault divorce or an uncontested divorce are called "living separate and apart." In order to satisfy the necessary elements to obtain a no-fault divorce, the parties must have lived separate and apart without cohabitation or interruption for a period of 12 months or more. If the husband and wife have no minor children born of or adopted by the marriage and have a signed separation agreement, a no-fault divorce may be obtained after a separation period of 6 months.

No-fault divorces can be performed on a flat fee basis and can be concluded in a short turnaround if the parties  can agree.

 

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  • 11/12/2008 7:07 PM vincent wrote:
    What kind of proof does the court require in order to believe that both the parties applying for uncontested divorce had lived separate and apart without cohabitation or interruption for a period of 6 or 12 months?
    Reply to this
    1. 11/12/2008 8:44 PM Virginia Divorce Info wrote:
      Uncontested divorces are "proved" during depositions.  These are held in my office in front of a notary public.  I interview my client and a witness (someone who is not the other spouse) and ask them if they have been separated since such and such date and if they have remained separated since that date.  There are a few follow up questions but that's about it.

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