When considering filing a divorce from your spouse in Virginia, it’s critical to understand the two major forms divorces can take – contested and uncontested. The differences in these divorces can affect major areas of your future life, such as what assets each spouse is entitled to.
In this blog, we’ll explore the definitions and differences between each of these below. And, of course, if you have any questions, you can reach out to our team at Collins Family Law for the best legal representation in Virginia. Contact us by calling (703) 755-7343 or booking a consultation with us online today.
What Is an Uncontested Divorce?
An uncontested divorce is one in which all parties agree to the terms and conditions set by the divorce. This largely concerns issues affecting assets but can also cover other domains.
If you and your future ex-spouse are choosing an uncontested divorce, you’ll likely agree on the following topics:
- Property and Asset Division: The equitable distribution of marital assets and properties agreed upon by both parties.
- Debt: Allocation of shared marital debt responsibilities between spouses as agreed upon in the divorce settlement.
- Child Custody and Support (if applicable): An agreed-upon arrangement for where the children will live primarily and how financial support for the children will be handled.
- Spousal Support: An agreement on financial support from one spouse to the other post-divorce.
It’s important to understand that filing for an uncontested divorce doesn’t automatically mean you agree to all of your spouse’s demands. You still have the opportunity to negotiate with your spouse to achieve a fair and satisfactory outcome. The essential aspect of an uncontested divorce is that both parties ultimately agree on the terms without the need for mediation, arbitration, or a judge’s ruling. Generally, uncontested divorces are simpler and more straightforward to finalize compared to contested divorces. To further understand these nuances and receive legal help, contact our Manassas uncontested divorce attorneys.
What Is a Contested Divorce?
A contested divorce, in contrast, is a divorce in which the spouses do not agree to the terms. This can be in just one of the areas listed above or multiple areas affecting many facets of the divorce.
A contested divorce usually requires mediation, arbitration, or may even go to court. Here’s an explanation of those below:
- Mediation: The spouses invite a neutral third-party mediator to a meeting regarding the divorce. This mediator is typically trained in performing these duties and helps facilitate discussions that result in a mutually beneficial outcome.
- Arbitration: In contrast to the mediation approach, arbitration is when the couple chooses to hire a neutral third party. However, this third party evaluates the situation facing the couple and makes settlement decisions on their behalf that are equitable to both parties.
- Divorce Trial: Finally, if the above strategies do not work for an uncontested divorce, spouses could choose to take their case to court. A judge would then evaluate their case and make a decision that serves both parties.
Differences Between Uncontested and Contested Divorce
The core difference between uncontested and contested divorces is that uncontested divorces involve mutual agreement on all major terms, leading to a faster and simpler resolution, whereas contested divorces require legal intervention to resolve disputes over key issues.
Need help with your divorce? Contact our Manassas divorce attorneys today.