Divorce Guide

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Uncontested Divorce in Virginia

Uncontested Divorce in Virginia can be filed in the city or county where one of the spouses resides. It is a no-fault divorce that can be granted as per the grounds defined by Virginia state laws.

If a couple has been living apart for a predefined statutory period, they are eligible to file a petition for Virginia uncontested divorce. Generally, a constant period of about twelve months or more is entitled for divorce in Virginia.

Many troubled couples find uncontested divorce easy as dissolution of various issues takes lot of time by other means. An uncontested divorce in Virginia is a no-fault divorce that is possible to obtain after a separation period of 6 months. If the parties agree since the start of the divorce, it is easy to get in a very short period.

A variety of issues are involved in uncontested divorce in Virginia. These issues can be easily dealt provided the divorce has been filed on certain grounds.

Fault grounds Virginia uncontested divorce:

  • Inability to achieve sexual functions
  • Leaving behind the other spouse
  • Lock up for one year
  • Cruelty
  • Willful break up for continuous period.

Where to file an Uncontested Divorce in Virginia:

To file an uncontested divorce in Virginia, one of the spouses has to be an actual bona fide resident of Virginia. It has to be at least six months prior to filing the petition. The military people who are on duty in the commonwealth for at least six months are also considered as Virginia residents.

There are three conditions out of which at least one has to be fulfilled to file an uncontested divorce in Virginia. These are:

  • A divorce may be filed in the county or city in which the spouses last lived jointly.
  • The county or city where the defendant resides.
  • The county or city where the defendant is a non-resident while the plaintiff is the resident.

How to begin an uncontested divorce in Virginia:

To begin an uncontested divorce in Virginia, the Plaintiff has to file a bill of complaint for divorce. If the defendant approves it, he/she can file an answer to the complaint. It is okay if the personal command of the court is accepted by both the parties. If not, the defendant must be served summons along with a copy of the complaint. Sometimes, a sheriff is involved who files a return of service.

Sometimes, Virginia requires a careful search to locate a spouse who cannot or will not be found. When this is done, the plaintiff serves the defendant by publication in the newspaper that has to be answered. As soon as the court receives it, the plaintiff is required to prepare an order for publication. Once it gets approved, the clerk arranges the publication of the order in a newspaper so that the missing spouse can see it.

Plenty of valuable online information is available on uncontested divorce in Virginia and legal forms required for it. A variety of lawyers assist to have a successful and fast uncontested divorce. The only thing required is the mutual agreement of both partners who seek it. Virginia uncontested divorce helps to resolve legal issues and saves a lot of money as compared to contested divorce.

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