Contested & Uncontested Divorce

Contested divorce are those where the parties are unable to resolve at least one issue that needs to be resolved by a judge after conducting a trial. Because of the complexity and nuance required to effectively conduct hearings and trials, it is crucial to hire an attorney with courtroom experience and knowledge of the law to protect you and your rights.

An uncontested divorce is where the couple agrees on how to resolve the issues in the divorce without a need for a judge to decide in a trial. These issues include child custody/visitation, child support, spousal support or alimony, and equitable distribution of property and debt. Most uncontested cases are resolved when the parties enter into and sign a Separation Agreement or property settlement agreement. The Agreement is submitted to the court along with the required documentation to finalize the divorce. This process usually eliminates the need to appear in court.

Fault-based divorces are those that are initiated because of one spouse’s conduct that caused the severance of the marriage. Grounds include adultery, desertion of one’s spouse,  abandoning one’s spouse, and/or physical and mental cruelty. There is no waiting requirement to file for divorce on fault-based grounds.

No-fault divorces are not based on grounds that one spouse’s conduct has caused the marriage to fall apart. Spouses that agree that the marriage should be terminated can enter a no-fault divorce. In Virginia, spouses that have been, and had the intent to remain, separate and apart for one year qualify for a no-fault divorce. In the event the couple has no minor children and a signed separation agreement, the law provides that the separation lasts six months.