The following are the steps for your low cost, fast, and easy Virginia uncontested divorce:
- Kales & Kales drafts a “marital settlement agreement” for you.
What is a marital settlement agreement? A marital settlement agreement, also known as a property settlement agreement, is a written contract, spelling out your rights, and settling issues such as property, debts, support, and custody. It may be drafted before or after you have filed for divorce, even while you and your spouse are still living together.Why is a marital settlement agreement important? It tells the court your divorce is “uncontested.” With a signed marital settlement agreement, the divorce process is quick and easy.
- When you and your spouse sign the marital settlement agreement, Kales & Kales drafts and files a “complaint for divorce” with the court, for you.
What is a complaint for divorce? A complaint for divorce is the document that starts the divorce process with the court. It contains the factual allegations and legal elements which, when proven, show the court you are eligible for a divorce. It includes the following about you and your spouse:
- when and where you were married;
- whether you have children together and if so, their names and birthdates;
- your ages and military statuses;
- that at least one of you has lived in Virginia for at least the past 6 months;
- your separation date and that you’ve been separated, continuously, for at least 6 months;
- that your marital settlement agreement settles all matters between you; and,
- a request that you and your spouse be divorced.
- Kales & Kales sends the complaint and a “waiver” to your spouse.
What is a waiver? A waiver is a document which, with your spouse’s signature, allows your spouse to avoid being “served” with the complaint by a sheriff. Additionally, it makes unnecessary the need for your spouse to receive further notices about the case.
- When your spouse signs the waiver, Kales & Kales conducts a “deposition upon written questions.”
What is a deposition upon written questions? A deposition upon written questions is a short series of questions, in which you and a witness will verify, in writing, the essential aspects of your case. The witness should be somebody who knows you reasonably well, would recognize your spouse by sight, and has been to your residence multiple times.
- Kales & Kales drafts and submits a final decree of divorce, along with an original copy of your marital settlement agreement and you and your witness’ deposition answers, to the court.
What’s a final decree of divorce? It’s the document in which the court declares you are divorced. Usually, the judge takes just a few weeks to sign. It’s that simple!