A divorce need not be a battle between the spouses. Putting aside the anger and feelings of betrayal may not be easy, but it can help bring down the cost of ending the marriage and take less of an emotional and physical toll on the parties. An uncontested divorce gives couples the ability to work out the financial and child custody issues through negotiations rather leaving them to be resolved by a judge at trial.
Allowing their divorce lawyers to work out a separation agreement leading to a no-fault divorce in Virginia may be the best way for couples living in Poquoson, Newport News or other parts of the Virginia Peninsula to settle their differences and move on with their lives. The following information about obtaining a divorce without the delays of a trial or multiple court appearances can help couples decide on the best course of action to take.
Advantages to Resolving Issues and Avoiding a Contested Divorce
By the time the conversation turns to getting a divorce, most couples have reached a stage in the relationship where neither of them wants to fight to stay married. The fight usually focuses on the following issues:
- Child custody and visitation
- Child support
- Spousal support or alimony
- Identifying assets as marital or separate property
- Distribution of marital assets and debts
Regardless of how much divorce attorneys encourage their clients to resolve the financial and custody issues outside of court, emotions may stand in the way. Feeling hurt and angry may cause one of the parties to contest the divorce as a way to get back at the other spouse.
When a divorce is contested, the spouse seeking it must prove the other party was at fault in causing the marriage to end. Virginia recognizes the following as fault grounds upon which a court may grant a divorce:
- Conviction of a felony
- Willful abandonment or desertion for a minimum period of one year
- Cruelty causing a spouse to be in fear of bodily harm
When the spouse seeking a divorce files papers with the court accusing the other of misconduct, the normal reaction of the spouse accused of wrongdoing is to consult with a firm of divorce lawyers and contest it. Fault grounds usually exacerbate an already emotionally charged situation. This can be avoided by the parties reaching an agreement on disputed issues involving their children and finances and proceeding on a no-fault ground for divorce.