Common FAQs in 2022 on Virginia Uncontested Divorces

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Common FAQs in 2022 on Virginia Uncontested Divorces

June 28 2022
By Faye Carroll

Getting a divorce can be a stressful time, and it’s understandable that you’d have questions about how the process works and how a divorce will impact you financially. Let’s take a look at some of the most commonly asked questions about uncontested divorce in Virginia to help you understand more about how an uncontested divorce works.

Can I Get Divorced in Virginia Without Going to Court?

Yes. If you have a settlement agreement—meaning you and your spouse have agreed on terms and signed the necessary paperwork—there’s no need to go to court and have a decision made by a judge, which can save you time and money in a divorce and make the process go faster.

Does Divorce Impact Social Security Benefits?

No, getting divorced won’t impact your social security benefits. You’ll still receive the same benefits that you did before or during your marriage.

Can Virginia Uncontested Divorce Be Used for Abandonment?

No. The reason for this is because uncontested divorces are based on no-fault grounds, and abandonment is a fault. If you claim abandonment as a grounds for divorce, the court must determine that the abandonment happened and can be used as a cause for the divorce.

In other words, you’ll need to be able to prove that abandonment was a cause of the end of your marriage. Remember that abandonment is the desertion of a marriage and marital responsibilities—not the same thing as a separation.

What Is the Difference in Virginia’s Definition of Divorce and Being Legally Separated?

Divorce is a legal termination of your marriage, meaning terms have been reached, paperwork has been finalized, and a judge has signed off on everything. Separation simply means one or both parties have separated and intend to end the marriage, which then provides grounds for an uncontested divorce in Virginia.

Do Both Spouses Have to Be Residents of Virginia to Get an Uncontested Divorce?

No. Only one spouse must be a resident of Virginia for at least six months before filing for divorce.

Have More Questions? Contact Us

Have more questions about an uncontested divorce or the process for securing a divorce in Virginia? Contact Virginia Family Law Center, P.C., today to talk to an experienced attorney about your case and get your questions answered.

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