Q: Do I need to have a court ordered custody agreement in order to file for divorce in VA?
Plaintiff = mother (me)
Defendant = biological father
I am suing for an uncontested divorce, and would like to keep the custody of our children open rather than have a court ordered agreement. Is that possible?
A:
No. You can file for divorce based upon a one-year period of marital separation, and ask only that the court grant the divorce and terminate the marriage with nothing more.
Note however that you may be forfeiting rights of property division, spousal support, etc. The JDR court will be able to later address custody, visitation,and child support if the need arises. But the other matters may be lost.
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