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Berkeley County Uncontested Divorce Lawyers
Providing Guidance Through the Uncontested Divorce Process
If you and your spouse can agree on all the terms of your divorce, you may be able to save time, money, and stress by pursuing an uncontested divorce. In an uncontested divorce, you and your spouse work together to reach a settlement agreement regarding all relevant matters, including property division and child custody. If you are able to come to an agreement, you can avoid the need for a trial, which can be costly and time-consuming. Our Berkeley County uncontested divorce lawyers can help you navigate the uncontested divorce process and ensure you understand your rights and options.
How Uncontested Divorces Work in West Virginia
Uncontested divorces are generally easier than contested divorces because you and your spouse agree on the terms of the divorce. This typically makes the process much quicker and more affordable, as you can avoid court and the associated costs.
The following are the general steps of an uncontested divorce:
- File the necessary paperwork: You will need to file a complaint for divorce with the court. You will also need to serve the complaint on your spouse, who will then have 20 days to respond.
- Prepare and sign a separation agreement: A separation agreement is a legally binding contract that outlines how you and your spouse will handle various issues, such as property division, alimony, and child custody. You and your spouse will need to work together to draft the agreement and sign it. Once you have both signed it, you will need to submit it to the court.
- Appear in court: The judge will review your separation agreement and may ask you questions about it or the terms of your divorce. If everything is in order, the judge will grant your divorce and the court will issue a divorce decree.
- Follow the terms of the agreement: Once the divorce is finalized, you and your spouse will need to abide by the terms of the separation agreement. If either of you fails to do so, the other party may be able to take legal action.
The uncontested divorce process is fairly straightforward, but it is still a good idea to have an experienced lawyer on your side. Our attorneys can help you understand the terms of your separation agreement and ensure your rights are protected.
What Are the Requirements for an Uncontested Divorce in WV?
In order to pursue an uncontested divorce in West Virginia, you and your spouse must meet the following requirements:
- You or your spouse must have been a resident of West Virginia for at least one year before the divorce is filed. If you were married in West Virginia, you or your spouse must be a resident of the state in which you were married.
- You and your spouse must have lived apart for at least one year before the divorce is filed. You can still live in the same house, but you must live separate lives, meaning you do not share a bedroom or engage in any spousal activities.
- You and your spouse must be in agreement about the terms of your divorce.
- You and your spouse must not have any minor children together.
If you meet these requirements, you may be able to pursue an uncontested divorce. Our Berkeley County uncontested divorce attorneys can help you determine if this is the best option for you and guide you through the process.
Why You Need a Lawyer in an Uncontested Divorce
Even though an uncontested divorce is generally easier and less expensive than a contested divorce, it is still a good idea to have a lawyer on your side. An attorney can help you understand your rights and options and ensure your interests are protected.
An attorney can provide the following services during an uncontested divorce:
- Review your separation agreement: A separation agreement is a legally binding contract that outlines the terms of your divorce. This includes how you and your spouse will divide your property and handle other financial matters, such as alimony. It also includes how you will handle matters related to your children, such as child custody and child support. An attorney can review your separation agreement to ensure you are not agreeing to anything that is not in your best interests.
- Help you navigate the court system: An attorney can help you complete and file the necessary paperwork and ensure you meet all relevant deadlines. They can also represent you in court and advocate for your rights and interests.
- Explain your legal options: There are many ways to resolve a divorce, even if you and your spouse agree on the terms. An attorney can help you understand your options and ensure you make informed decisions.
- Protect your rights: An attorney can help you understand your rights and ensure they are protected throughout the divorce process. If your spouse is trying to take advantage of you, an attorney can take legal action to protect your interests.
Our uncontested divorce lawyers in Berkeley County have extensive experience helping clients pursue uncontested divorces. We can guide you through every step of the process and ensure you understand your rights and options.
Get Started with a Free Consultation
At Sutton & Janelle, PLLC, we are committed to helping you achieve your goals. We will take the time to understand your situation and develop a personalized legal strategy. Our Berkeley County uncontested divorce attorneys can help you navigate the uncontested divorce process and ensure you are making informed decisions. We offer free initial consultations, so you can get started with us risk-free.
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