An uncontested divorce case means that the parties seek a divorce based upon a separation for the required amount of time. In Virginia, if there are minor children born of the marriage, a Complaint for Divorce can be filed after a continuous separation of one year, if the separation is coupled with the intent to divorce. If there are no minor children, the Complaint can be filed after a continuous six month separation if there is a signed Separation Agreement.
If your case is uncontested, a final decree of divorce could be obtained in a matter of a few weeks. You and your witness may not even have to appear in court. Even if you and your spouse agree to the divorce, Scott R. Sexauer will provide independent legal advice to one party; no attorney can represent both a husband and a wife, even if they agree on all issues.
A contested case can involve any number of serious issues, such as adultery, desertion, abuse, child support, child custody and visitation, spousal support, and
division of marital property, including pensions. Scott R. Sexauer can
provide you with the advice and the representation you need to help you through the stress of litigation.
Whether your case is contested or uncontested, Scott R. Sexauer can advise you regarding Separation and Property Settlement Agreements which will resolve all issues. Care must be taken before entering into any Separation Agreement. Once the Agreement is made part of a final decree of divorce, it can be difficult to modify.
Fairfax Divorce and Family Lawyer
Divorce can be a stressful time, especially when children are involved. Scott R. Sexauer has successfully represented clients in all Circuit Courts and Juvenile and Domestic Relations District Courts throughout Northern Virginia. Call for a free initial consultation.
Family law involves more than just divorce. If you have children and you have been separated for less than one year, you can file a petition for child custody, child support, child visitation, or spousal support. If you or a member of your family has been the victim of abuse, a Protective Order can be requested. Scott R. Sexauer can also help you if you wish to discuss a Premarital Agreement before you walk down the aisle. Call for a free initial consultation.