Contested Versus Uncontested Divorce
Updated 03/17/2020
An uncontested divorce in West Virginia can allow you a smoother path to legally separating from your spouse. Divorces have a reputation for being extremely difficult and for leaving people both emotionally and financially devastated. While a divorce can be upsetting, it doesn’t have to turn your life upside down in every way. An uncontested divorce allows you and your spouse to take a reasoned approach to separation, making the process simpler for both of you. In West Virginia, an uncontested divorce offers a simplified approach to divorce that can save you money, and could help to keep things civil.
What Is an Uncontested Divorce?
When you divorce, there are two primary options for how to do it. In a contested divorce, the couple does not agree on the terms of the separation. They might have different opinions and wishes relating to child custody and child support or distribution of their assets. When the couple can’t make these decisions together, it is left to the court to make such decisions for them.
An uncontested divorce is when both parties agree to how everything will be separated and on child custody or support arrangments. When this happens, a lawyer can help the couple to create the necessary paperwork and file it with the courts.
The Benefits of an Uncontested Divorce
An uncontested divorce can offer several benefits to both parties. When you can agree on the conditions of your divorce, the process can happen a lot quicker. It can also be less expensive because you don’t have to spend as much time reaching a final decision on the terms of your divorce.
An uncontested divorce helps to keep the peace between the divorcing spouses. If you can make decisions together without having to argue that either of you should get your way, you can reduce the hatred and resentment that can come with a divorce.
What Happens in an Uncontested Divorce?
If you want to file for an uncontested divorce in West Virginia, you either need to have been married in the state, and either you or your spouse still lives in West Virginia, or you need to have lived in the state for at least 12 months if you were married elsewhere.
Your two options for filing for an uncontested divorce are to:
-
File a divorce petition and settlement agreement on your own
-
Get help from an attorney when filing for your divorce
To file, you will need to provide a Petition for Divorce, Civil Coversheet, Vital Statistics Form, Financial Statement, and Stipulated Agreement. Several additional forms will need to be filed if you have children under the age of 18. You will also need to attend a parent education course and a hearing before a judge.
How Your Family Law Attorney Can Help
Pritt & Pritt Law are divorce lawyers in Charleston, West Virginia, who want to help you and expedite your uncontested divorce, if possible. We’re experienced in family law cases, spousal support issues, and other concerns that may or may not arise while going through the process of divorce. We’re here to guide you and assist you in filling out and filing the necessary forms needed to move forward. Contact us today to set up a consultation.
