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Uncontested Military Divorce
What makes a divorce uncontested? Many people believe that if both partners want a divorce then it is uncontested. From a legal standpoint, however, this is not accurate. If both people want the divorce, it does make certain things easier, but there are specific issues that must be resolved for a divorce to be uncontested. These issues must be fully agreed upon: the grounds of the divorce; the date of separation; the division of all marital property, assets, and debts; spousal support; child custody and visitation; and child support.
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An uncontested military divorce has the appeal of reducing the stress, expense and conflict that can accompany a divorce, but you need advice and assistance from an experienced Virginia Beach attorney to protect you even in an uncontested divorce. To keep your divorce uncontested, you need to have a separation agreement. Sometimes people think they can just write their own agreement or that they can download something from online. Unfortunately, this often leads to one or both parties losing benefits and protections the law gives them because they agree to something that is not in their interest. Once an agreement has been signed, even if it gives away things that the law would have otherwise protected, it is difficult, if not impossible, to regain those things. Although some people are hesitant to retain an experienced military divorce lawyer because they are afraid it will cause more conflict, the best way to keep a divorce uncontested is to work with an experienced divorce attorney who can make sure you understand your rights, options and the likely outcome if a judge must rule on potential issues in your divorce. It is also important to choose an attorney who has a proven track record of supporting non-adversarial divorce methods if you want to make sure you know your rights but that your situation stays respectful and out of court.
Despite the benefits of an uncontested military divorce in Virginia, you cannot rely on your spouse or the judge to protect your interests, you are responsible to know your own rights and make sure your decisions are fully informed. When you have a Virginia divorce attorney to guide you through the process, you can trust that you are not agreeing to terms that will later come back to haunt you or be so unsatisfactory that you must continuously head back to court for modification or enforcement proceedings. An uncontested divorce only helps parties avoid conflict and unnecessary cost if it stays uncontested.
While many of the principles of the divorce process for civilians also applies to an uncontested military divorce, there are certain issues that require specialized expertise relating to jurisdiction, rules for distribution of a military retirement and access to a serviceperson’s military benefits just to name a few examples. Because our Virginia Beach divorce lawyers at The Military Divorce Center devote a significant portion of our practice to representing members of the armed services and their families, we can make sure that you are not blindsided by special legal rules or factual scenarios that apply exclusively to an uncontested military divorce.