Joseph H. Beale Attorney At Law, PLLC

Could you negotiate an uncontested Virginia divorce?

Not every divorce is acrimonious. Marriages end for all kinds of reasons. Sometimes, you and your spouse just grow apart over time. You may find that you have less in common with each other and that you both want the opportunity to find a more fulfilling relationship.

Regardless of why you want to end your marriage, you're probably worried about the difficulty involved in the process of divorcing. Almost everyone has heard a horror story from a friend or family member that went through an expensive divorce that resulted financial havoc.

You may want to avoid that outcome at any cost. For some couples, filing an uncontested divorce could be a way to keep the expensive divorce more reasonable. However, saving money shouldn't be the only motivator in how you approach divorce, or you could wind up making mistakes that cost you for years to come.

Do you think you can set terms with your ex for the divorce?

The biggest and most important consideration about whether an uncontested divorce is possible relates to your ability to communicate and compromise with your ex. Whether you sit down and set terms together or work with a mediator, you will need to agree to file for uncontested divorce.

If the two of you can commit to working together and finding ways to compromise on issues like child custody or splitting up your possessions, then an uncontested divorce could be a viable option.

Do you have someone who can stand up for you and offer legal advice?

One of the biggest mistakes that people make when filing an uncontested divorce is trying to do it on their own. Not only does that leave you vulnerable to simple mistakes and oversights, but it could give your ex the ability to manipulate the outcome in their favor.

You can have an attorney and still file an uncontested divorce. In fact, working with a Virginia family law attorney could improve your chances of securing favorable terms in an uncontested divorce.

Are your assets and family situation relatively straightforward?

The final question is whether or not it will be easy for you and your ex to divide assets. Certain items, such as retirement accounts, can prove very complicated to divide unassisted.

You may need to have your attorney help in the case of certain assets. Other times, working with a third-party to put a value on certain assets before attempting to split them could be a wise idea if you worry about securing a fair outcome.

There are some people for whom uncontested divorces may not work well. Your best option involves sitting down with an attorney early on in the process.

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