Jonathan B. Vivona, PLC
Attorney at Law

601 King Street, Suite 400
Alexandria, VA 22314
(Entrance on St. Asaph St.)
[email protected]

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703-739-1353

UNCONTESTED DIVORCES

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Get a Divorce with No Hassle
 
If you and your spouse are prepared to move on from your marriage, then you can file for an uncontested divorce in a Virginia court.  With the help of an experienced attorney, this process can be completed in as little as one month. An uncontested divorce allows a husband and wife to limit the legal fees that result from contentious litigation. 
 
There are two ways in which parties can obtain an uncontested divorce.
 
  • The spouses have lived separate and apart for 6 months, there are not any minor children of the marriage, and the husband and wife have entered into a Property Settlement Agreement which deals with all marital property, spousal support and custody issues.
  • The spouses have lived separate and apart for one year, in which case a divorce can be obtained without resolution of the above issues.
 
Reduced Legal Costs
 
Spouses can avoid going through a contested divorce by settling support and custody issues and agreeing on the division of marital property.  Once both spouses have agreed to move forward with an uncontested divorce, one spouse must file a Complaint for Divorce in a Virginia court. If the other matters such as property distribution , spousal support , child support and custody are also uncontested, you can then obtain an oral hearing before the Court.  This will allow you to present the Property Settlement Agreement and your testimony to the Court so it can enter a Final Decree of Divorce including the terms of your agreement. 
 
Property Settlement Agreements
 
A Property Settlement Agreement is an agreement between both spouses determining the distribution of all property such as vehicles, real estate, debts, division of joint financial accounts, investments, and medical expenses, obtained before and during the marriage.  
 
It is important to obtain the assistance of a lawyer in drafting a Property Settlement Agreement even when the parties are agreed on all major terms because a Judge still must approve the agreement.  Even in our bankruptcy practice we have seen issues that arise if one of the parties files bankruptcy after a divorce and the Property Settlement Agreement is not properly drafted.  For example, the language of the agreement can alter the treatment of debts in a Chapter 13 case and whether or not the debtor spouse is obligated to repay them.  It is important that your attorney addresses such details in your agreement.
 
The Property Settlement Agreement will also deal with issues of custody by establishing visitation arrangements between parties, how healthcare decisions for children will be made, and what happens if one or both spouses relocate.  Once presented to the Court, the Judge will decide whether to approve the agreement and incorporate it into the Court’s Final Decree.  The Judge will approve the agreement provided it is fair to both spouses, is in the best interest of any minor children and if neither spouse entered into the agreement under duress.
 
Process and Fees
 
Jonathan B. Vivona, PLC can prepare, file and represent you in an uncontested divorce for $500.00. This includes our attorney’s fee of $415.00 and an $85.00 filing fee.  If you wish to have your testimony taken by deposition as opposed to an oral hearing before the Court, there is an additional cost of $150.00 to obtain a court reporter.  In this case, we will conduct the deposition at my office and there will be no need for you to attend court.
 
Once we have drafted and filed the Complaint, we will serve it and other necessary documents on your spouse for his or her signature. 
  Jonathan B. Vivona, PLC
  Attorney at Law

601 King Street, Suite 400
Alexandria, VA 22314
 

Tel: 703-739-1353
Email: [email protected]
 

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