Divorcing in Norfolk

An uncontested divorce, contrasted with a contested divorce, is the most straightforward way to end a marriage. A contested divorce is often a drawn-out process that involves fighting between spouses, hiring lawyers, and may result in bitter sentiment between ex-partners. An uncontested divorce, on the other hand, is one in which both parties are in agreement over issues such as:

  • Child support, custody and visitation
  • Asset and property division
  • Alimony
  • Debt division
  • Tax consequences
  • Insurance

Grounds for a Norfolk uncontested divorce

To proceed with an uncontested divorce in Norfolk, certain requirements must be met.

  • It must be a no-fault divorce (meaning one party does not assert a specific cause for divorcing the other)
  • The spouses must be separated for six months if there are no children and a separation agreement (a separation agreement is a document that settles the divorce issues listed above)
  • The spouses must be separated for one year if there are children

Benefits of an uncontested divorce

If spouses are able to come to terms on an uncontested divorce, it is preferable to a contested divorce for the following reasons:

  • It is less expensive, as the spouses save money on attorney fees
  • There is less stress on the spouses and any children involved
  • A level of civility is preserved into the future

The role of an attorney in an uncontested divorce

Although it is possible to achieve an uncontested divorce without the aid of an attorney, it is highly recommended that you consult with a lawyer on some basic divorcing issues. This is much cheaper than retaining counsel as is typically necessary in a contested divorce, and provides other benefits as well, including:

  • A lawyer can help draft a separation agreement or double check it to make sure no legal issues are overlooked
  • A lawyer can assist with more complicated divorce matters such as a change in ownership of certain property, entangled family assets, and tax issues.

Schedule a consultation with experienced divorce lawyers in Norfolk

Even a simple, uncontested divorce should be undertaken with guidance from an attorney. Norfolk divorce lawyers of Stallings and Bischoff, P.C., can answer any questions you have about divorcing, including property division, child custody and support, alimony, and much more. To speak with an experienced divorce attorney in Norfolk, contact us today.