Divorce is considered an emotionally draining and strenuous process, but it does not necessarily have to be. Cooperation in a divorce case is possible. One way of having a cooperative divorce case is by pursuing an uncontested divorce. An uncontested divorce is a divorce where all issues in the marriage are resolved. That could mean property, support, custody, and visitation.
The idea of an uncontested divorce is that there is not one single issue that remains in dispute. If you wish to pursue a Fairfax uncontested divorce, or you have questions, seek the guidance of an experienced divorce attorney who can guide you through this process.
Processes Involved in an Uncontested Divorce
A Fairfax uncontested divorce typically involves two stages of the process, the first process is creating the agreement so what will often happen is a client will come in and say that they have resolved all the issues and will bring in an outline of what they have agreed to. Then, the attorney will draft a formal and legal agreement for the parties to review and ultimately sign. After the agreement is signed, then the next step is processing the paperwork in the courthouse when the required separation period has been met. If the parties have settled their case by agreement, then in Fairfax they do not actually even have to enter the courthouse in order to get their case completed; it is just a matter of paperwork.
After the agreement is signed, then the next step is processing the paperwork in the courthouse when the required separation period has been met. If the parties have settled their case by agreement, then in Fairfax, they do not actually even have to enter the courthouse in order to get their case completed, it is just a matter of paperwork.
The divorce process in terms of the papers that get filed with the court are largely the same, whether the case is contested or uncontested. However, if the couple has resolved all issues by agreement and has signed the settlement agreement, then in those cases the parties can proceed with what is typically known as an uncontested divorce.
All that needs to occur for an uncontested divorce to become a contested divorce is that at least one of the issues in the divorce case becomes disputed. If even one issue is in dispute, then the case is no longer uncontested. In Virginia, there is no such thing as irreconcilable differences, but conceptually, contested divorce and irreconcilable differences refer to the same thing.
Role of Mediation, Arbitration, and Litigation
Some parties utilize mediation in order to make their case uncontested, if the parties want to have a cooperative process and agree on the terms of their divorce then one of the tools they can use to arrive at that is mediation. In a Fairfax uncontested divorce, there is no role for arbitration and litigation because the parties have signed an agreement resolving all the issues and that all has to happen is the case gets filed with the court and ultimately signed off on by the judge.
Role of an Attorney
Divorce is not an easy process but it does not have to be a contentious one either. A Fairfax uncontested divorce can help you separate in a cooperative and potentially amicable manner. A skillful lawyer can help you navigate the unfamiliar terrain of uncontested divorces, and can work toward an outcome that all parties are pleased with. If you are considering getting an uncontested divorce, contact a local divorce today.