Contested Versus Uncontested Divorce In Virginia

Dealing with the end of a marriage and the prospect of starting a new path on your own is daunting. Unfortunately, once you make the difficult decision to get a divorce in Loudoun County, there are other important issues that need to be addressed as well.

The amount of time this takes and how contentious your divorce proceedings get generally depend on the type of divorce you file. Our Virginia divorce lawyer explains the difference between a contested and uncontested divorce in Virginia and which may be right for you.

The Benefits of An Uncontested Virginia Divorce

Couples divorce for various reasons. They may realize right away that they made a mistake, grow apart over the years, or otherwise discover they have different life goals. Provided they are still open to communications and are flexible, an uncontested divorce may be an option.

An uncontested divorce is often referred to as a no-fault divorce and is generally one in which couples are able to reach mutual agreements on all divorce-related terms. Under the Virginia Code, this includes the equitable division of marital property, spousal support awards, and child support and custody arrangements. Filing for an uncontested divorce offers several important benefits:

• It allows you to get a final divorce order in as little as a few months;
• It spares you from making numerous court appearances;
• It requires less legal effort, meaning less court costs and attorney fees;
• Resolving issues out of court protects your privacy;
• Avoiding legal battles and the bitterness that often results benefits both parties moving forward and can help in implementing child custody arrangements.

When A Contested Divorce Is Needed

While filing for an uncontested divorce through the Loudoun County Family Court offers many benefits, it is not always an option. The following are examples in which a contested divorce in Loudoun County may be needed:

• Your spouse refuses to consent to a divorce: You can still get divorced if your spouse refuses to consent, but it requires more effort and typically takes longer.
• You and your spouse are unable to agree to divorce terms: Issues between you and your former partner could make it harder to resolve matters such as custody and property division.
• There are significant amounts of property and assets: These take longer to review, value, and divide in court.
• You or your spouse engaged in marital misconduct: Fault grounds in divorce, such as adultery, addiction, and abuse, impact your rights in any divorce settlements and make your case more complex, requiring additional time and effort to resolve.

Discuss Your Options With Our Virginia Divorce Attorney

When getting a divorce, the goal is to get the maximum settlement you are entitled to in the most efficient and cost-effective manner possible. At Schwartz Kalina, PLLC. we protect your rights, providing the caring support and trusted legal guidance you need. To discuss your options, call or contact us online and request a consultation with our Virginia divorce attorney today.

Sources:

law.lis.virginia.gov/vacode/title20/chapter6/

vacourts.gov/courts/jdr/loudoun/home.html