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Is Your Virginia Divorce Truly Uncontested? Factors to Consider

June 7, 2024

When going through a divorce in Virginia, it’s essential to understand the differences between contested and uncontested divorces. An uncontested divorce is generally less stressful, less expensive, and faster than a contested divorce. However, several factors determine whether your divorce is truly uncontested. Consider the following points to help you decide:

1. Agreement on all issues: For a divorce to be uncontested, both parties must agree on all aspects of the divorce, including property division, spousal support, child custody, and child support (if applicable). If there are disagreements on any of these issues, the divorce becomes contested.

2. Grounds for divorce: In Virginia, you can file for a no-fault divorce if you and your spouse have lived separately for at least one year (or six months if you have no minor children and have a separation agreement in place). If you file on fault-based grounds, such as adultery or cruelty, your divorce may become contested if your spouse challenges the allegations.

3. Willingness to cooperate: An uncontested divorce requires both parties to be willing to work together and communicate effectively. If one spouse is uncooperative or unresponsive, the divorce may become contested.

4. Complexity of the case: If your divorce involves complex issues, such as a high-net-worth estate, a family business, or significant debts, it may be more challenging to reach an agreement on all aspects of the divorce, increasing the likelihood of a contested divorce.

5.Executing of a separation agreement: Having a well-drafted separation agreement that addresses all relevant issues can help ensure that your divorce remains uncontested. This agreement should be reviewed by each party’s attorney to ensure fairness and enforceability.

6. Domestic violence or power imbalances: If there is a history of domestic violence or significant power imbalances in the relationship, it may be difficult to have an uncontested divorce, as the abused party may feel pressured to agree to unfavorable terms.

If you and your spouse agree on all aspects of your divorce and are willing to work together, an uncontested divorce may be the best option for you. However, if there are disagreements or complicating factors, it’s essential to consult with an experienced Virginia divorce attorney who can guide you through the process and protect your interests, whether your divorce is ultimately contested or uncontested. 

Contact an experienced Virginia family law attorney

If you need assistance starting a divorce case, the attorneys at Bourdon & Tortolero can help. We have the skills and experience to guide you through the entire process.  Learn more by contacting or calling us at 703-440-7820 today.

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