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Is an uncontested divorce with children possible in Virginia?

On Behalf of | Jan 25, 2023 | Family Law

You may be wondering if an uncontested divorce with children is possible in Virginia. The short answer is yes, it is possible. An uncontested divorce is where both parties have agreed on issues such as child custody, child support, and property division.

Filing a joint petition

If the terms of your divorce, are agreed upon by you and your spouse, you may be able to file an uncontested divorce. To do this, you must file a joint petition for divorce with the court. This document must include information about your marriage, your children, and your agreement on all the divorce terms.

Once you have filed the joint petition, the court will schedule a hearing. At the hearing, you and your spouse will need to appear in front of a judge and explain that you have reached an agreement on all the terms of your divorce. The judge will review your agreement and, if satisfied, will grant the divorce.

Best interest of the children

Please note that even with an uncontested divorce, the judge will still make sure that the agreement is in the best interest of the children. If the judge finds that the agreement is not in the children’s best interest, they may change it to protect them better.

Waiting period on finalization

It’s also important to note that in Virginia, there is a waiting period of six months before a divorce can be finalized. This waiting period begins when the divorce papers are filed, and it is meant to give the couple time to reconcile. However, suppose you and your spouse can agree on all the terms of your divorce. In that case, you can waive this waiting period by filing a waiver with the court.