Differences Between a Contested and Uncontested Divorce

Parties seeking a divorce may or may not agree on all of the issues. They may agree on every single issue, have a dispute about only one issue or are unable to agree on any of the issues. If a single issue is contested, the divorce is considered a contested divorce. Only a divorce case in which the parties are in agreement on all issues is considered an uncontested divorce.

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At The Law Offices of Daniel J Miller, we can explain to you the differences between a contested and uncontested divorce and how this affects your case. Our firm includes an experienced family law practice that serves the legal needs of individuals and families throughout Hampton, Norfolk and Southeastern Virginia.

We want to help you achieve your goals in a timely manner and not waste a moment of your time. Contact us to schedule a free initial consultation. Call 757-892-5600.

Our divorce lawyers work diligently while also taking the time to understand the dynamics of each family we help, so we can create the most appropriate solution for your situation.

The Differences Between a Contested and Uncontested divorce

No matter what type of divorce you seek, the Virginia courts will ultimately decide whether to grant your divorce. A contested divorce means there is at the very least a dispute on one issue regarding the termination of marriage. These issues can include:

Marital property
Allocation of debt
Alimony (spousal support)
Child support
Child custody and visitation

If the parties are unable to reach an agreement on all issues, they must go to court to have issues decided for them. This can increase time and costs of the divorce. If your divorce is contested, we will work closely with you in trying to resolve any disputed issues while negotiating with the other side.

An uncontested divorce means parties are able to agree on all issues and only have to get a final divorce decree from a judge. There are advantages to this, since an uncontested divorce can be completed with just one court visit. The uncontested divorce process can be as short as 30 to 90 days, making it less costly for the parties and often less emotional for any children involved.