If you’re like most people, you assume that you have to go to court when you file for divorce. And while this may be the case for many divorces, uncontested divorces work a bit differently. Uncontested divorces are considered no-fault divorces and couples are free to determine their own divorce settlement with the help of an attorney. But do you still need to go to court and let your Virginia uncontested divorce lawyer represent your case when you file for this type of divorce? Here’s what you need to know.
Most Couples Won’t Need to Go to Court
An uncontested divorce effectively puts the power in your hands. You and your spouse can reach an agreement about how to divide property, navigate custody of your children, and any other terms. It’s ideal for couples who are in full agreement on the divorce and who are confident in their ability to negotiate and compromise without the assistance of a judge.
Assuming you and your spouse can navigate the process on your own, you won’t need to attend a court hearing to complete the divorce. Your attorney will file everything on your behalf and can do so without forcing you to sit through lengthy court hearings.
You’ll Need to Agree on All Terms
The key to a successful uncontested divorce and avoiding going to court lies in being able to agree with your spouse on all of the terms of your divorce. Your attorney will help ensure that you and your spouse are able to communicate your wants and needs effectively and can provide advice if neither of you are sure how to proceed. You’re not relying on a judge to make a decision for you. And you won’t have to go to court to get the judge to sign off on the divorce decree—your attorney will handle that for you.
If You Switch Divorce Types, You’ll Need to Go to Court
The only time you’ll need to go to court is if you switch from an uncontested divorce to a traditional divorce. This may happen if you and your spouse start disagreeing on the terms of your divorce or if you start to feel uncomfortable with their demands as you negotiate.
If you switch divorce types, your attorney should be able to represent your case in court. Keep in mind that making the switch from an uncontested to a traditional divorce can make the process take longer.
Work With an Experienced Virginia Uncontested Divorce Lawyer
Filing for an uncontested divorce can help you and your spouse avoid going to court. But they’re not something you should enter into lightly. You’ll want to be sure that you and your spouse can agree on the terms and that you’re both willing to work through any disagreements that may pop up during negotiations.
If you decide that an uncontested divorce is right for your situation, make sure you’re working with an experienced Virginia uncontested divorce lawyer like AC Rieman. Contact us today to schedule a consultation.