Contested vs. Uncontested Divorce: What You Need to Know

Contested vs. Uncontested Divorce: What You Need to Know

Divorce can be an emotionally challenging process, and the way it unfolds depends largely on whether the divorce is contested or uncontested. In Virginia, these two types of divorce represent very different experiences, timelines, and costs. Understanding the distinction can help you determine the best path forward for your situation.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all major issues related to the dissolution of their marriage. These issues typically include:

• Division of marital property and debts
• Spousal support (if applicable)
• Child custody and visitation arrangements
• Child support

Since there is no disagreement on these matters, uncontested divorces are usually faster, less expensive, and less stressful than contested divorces. In Virginia, couples pursuing an uncontested divorce must meet certain requirements:

1. Separation Period: Spouses must live separately for at least one year. If there are no minor children and the couple has a written separation agreement, the separation period can be reduced to six months.
2. Agreement on Key Issues: Both parties must agree on all aspects of the divorce without requiring court intervention.

What Is a Contested Divorce?

A contested divorce arises when spouses cannot agree on one or more key issues. This type of divorce often involves:

• Disputes over property division
• Disagreements about spousal support
• Conflicts regarding child custody or visitation
• Challenges to child support calculations

Contested divorces typically require court involvement to resolve these disagreements. The process often includes:

• Filing and Response: One spouse files for divorce, and the other spouse responds.
• Discovery: Both parties gather evidence, such as financial records or witness testimony, to support their claims.
• Negotiation or Mediation: Spouses may attempt to resolve disputes through negotiation or with the help of a mediator.
• Trial: If no agreement is reached, a judge will make the final decisions.

Key Differences Between Contested and Uncontested Divorce

1. Time and Cost: Uncontested divorces are usually quicker and less expensive, while contested divorces can be lengthy and costly due to court proceedings and attorney fees.
2. Stress Levels: Uncontested divorces are generally less stressful because they avoid prolonged conflict. Contested divorces, on the other hand, can be emotionally draining.
3. Control: In an uncontested divorce, both spouses have more control over the outcome by reaching an agreement. In a contested divorce, a judge decides unresolved issues.
4. Complexity: Contested divorces often involve more complex legal procedures, including discovery, depositions, and court hearings.

Choosing the Right Path for Your Divorce

The choice between a contested and uncontested divorce depends on your unique circumstances. If you and your spouse can communicate and reach agreements, an uncontested divorce may save you time, money, and stress. However, if significant disagreements exist, a contested divorce might be necessary to protect your rights and interests.

Consult a SMITH | ASHCRAFT Divorce Attorney

Navigating the divorce process can be overwhelming, regardless of whether your divorce is contested or uncontested. Our experienced family law attorneys can guide you through every step, ensuring your rights are protected and your interests are represented. Contact us today to schedule a consultation and learn more about how we can assist you during this challenging time.