More than 1 million children are involved in divorce proceedings each year, but that doesn't mean that divorcing without children is a cinch. Some people might assume that dissolving a marriage when kids aren't a factor will be fairly simple. The truth is that, regardless of the circumstances, divorce is always painful and is often complex.
Although it's true that having no minor children will eliminate one of the most emotional issues divorcing couples have to contend with, that won't automatically mean your divorce will be straightforward - even if you agree on most issues. Don't assume that because there's no custody battle or co-parenting plan necessary that you won't need divorce help during this process. The state of Virginia does have no-fault divorce and uncontested divorces are certainly more common in cases of couples without children. That said, there may be other factors that make this process a lot more difficult, despite your lack of children.
If your case involves one of the reasons for divorce with "fault," you'll absolutely want to work with a lawyer. Fault divorces require a burden of proof and these cases require legal advice from a professional. In the state of Virginia, grounds for fault divorce include adultery, reasonable fear of bodily harm, abandonment or willful desertion, or a felony conviction that involves a sentence of a year or more (including a period of imprisonment). When trying to file for a fault divorce, your attorney can gather evidence to support your case (which could potentially impact the outcome of the division of property).
But even if your separation does not involve a crime or voluntary abandonment, you will likely still need divorce help as a couple without children. Complicated financial situations, for example, can be a challenge to deal with and may require assistance from a legal professional. Because every couple has different concerns - and it's unlikely both spouses will agree on every single point - it's usually best to consult with an attorney to decide on the best course of action. If the case can be settled out of court, all the better. However, that's not always realistic.
While not having to wage a custody war or determine spousal support can make these divorces a bit simpler, it's never going to be an easy process. That's why most couples enlist help from lawyers in these situations. It's really the best way to ensure your own rights are protected and that the final agreement is fair to both parties.
If you or someone you know requires divorce help, don't try to go it alone. Our attorneys are here to assist you through every step of the way. Contact us today for more information.