In Fairfax, you cannot file for divorce without indicating whether it is contested. Many couples think uncontested means they have agreed to get divorced. However, in Fairfax, a totally uncontested divorce means two things. First, the divorce will be based on separation for a specific period of time rather than fault. Second, it means there are no issues for the court to resolve.
It is rare for a couple without a written separation or property settlement agreement to qualify to file for a totally uncontested divorce. A lawyer who practices frequently in Fairfax can provide insight about whether a couple in this situation may have a truly uncontested divorce case.
The key to a totally uncontested divorce is to resolve all questions about children (such as custody, visitation, and child support), property, debts, or spousal support (alimony). If you and your spouse have not made these decisions and put them into a written agreement, a court must hold a hearing on these issues.
In Fairfax, if a court has to make any of these decisions for you, it means your divorce is contested. Occasionally a couple has divided everything divorce act in a way that doesnt require a written agreement, but it is more difficult in such a case to prove that the divorce is truly uncontested.
Anyone who files for divorce in Virginia based on separation must present evidence to the court that the separation is real. Usually this evidence is presented in court. However, for totally uncontested divorce matters in Fairfax, a spouse and a witness can give the required testimony in a deposition held in a lawyers office. A court reporter takes down the testimony and prepares a transcript, which is presented to the court. These depositions can be especially useful when a party who wishes to file for divorce is not in Virginia for some reason, such as being overseas on active military duty. However, the depositions must meet certain strict criteria to replace testimony presented in open court.
If you have questions about whether your divorce is uncontested, or any other questions about divorce, please feel free to contact me or read more of my articles. You can even subscribe to be notified when more of my articles are published.
