An uncontested divorce is filed on the grounds of separation vs. a contested fault based divorce where one party files on a ground such as adultery, cruelty or desertion.  The ability to file an uncontested divorce is hugely desirable for many couples that wish to separate and divorce under the best possible circumstances for themselves and their families.  An uncontested divorce protects couples from ever having to see the inside of the courtroom and provides a timely end to a troublesome and difficult situation.

Unlike in other states, there is no such thing as a “legal separation” in Virginia.  Virginia law considers a married couple to be separated when there is a physical separation and one of the parties intends that the separation is permanent.  Couples wishing to separate and avoid a contested divorce should attempt to enter into a separation agreement so they can resolve all the issues relating to their marriage and avoid the necessity of expensive drawn out divorce litigation. 

Custody issues can confront people in many different circumstances. Perhaps a custody issue has arisen due to a divorce or maybe two unmarried parents have to decide on which parent will have custody of the child. Regardless of the situation, custody is always a difficult and emotional issue that is rarely solved in one trip to court.  One of the most important things to remember regarding custody in Virginia is that the law considers a court’s ruling on custody to be modifiable based on a material change in circumstances.  Permitting modification of the custody order allows parents the opportunity to petition the court to make changes to the Order when a significant change has occurred in their lives and family dynamic.  Below are some answers to questions that you probably have if you find yourself facing a custody issue:

Virginia code section § 63.2-1241 provides the statutory framework for a step-parent adoption.  A step parent adoption occurs when a spouse of a birth parent intends to adopt the child.  In today’s society there are many different events and circumstances that give rise to one of the birth parent’s being absent in the child’s life such as:  divorce; death of a parent; non-custodial parent is absent from child’s life due to neglect, visitation distance, or disinterest in the child’s life.