What is an uncontested divorce?

An uncontested divorce is a divorce in which both spouses agree to dissolve the marriage and settle any and all matters related to their separation, such as child custody, child support, spousal support, division of property, and other related issues. In Virginia, an uncontested divorce may be granted with or without a hearing in court. In order to file for an uncontested divorce in Virginia, both spouses must submit a written agreement, called a Marital Settlement Agreement, resolving all matters related to the divorce. This agreement must be signed and notarized by both spouses, and filed with the court. The court will then review the agreement to ensure that it is fair and reasonable, and then the court may grant the parties an uncontested divorce. If both spouses are in agreement, an uncontested divorce can generally be finalized more quickly than a contested divorce. This is because the parties have agreed to the terms of the divorce, and there is no need for the court to make any rulings or decisions about the matters in dispute in a contested divorce.

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