Uncontested Divorce

Whether you are in Virginia, Maryland or DC, a divorce can be overwhelming, even if both parties agree to the terms. And, because your parental and financial rights are at stake, it’s best to havean experienced divorce attorney on your side.

In this article, we look at what you need to know about uncontested divorces and explore how they differ from contested divorces.

What is Uncontested Divorce? 

An uncontested divorce is a type of final or absolute divorce.  This means that an uncontested divorce is a permanent and complete divorce.  Usually, an absolute divorce will settle all of the issues related to the marriage, including:

  • The division of marital assets
  • Spousal maintenance (alimony)
  • Child custody
  • Child support

If both parties agree on all the terms, including custody, visitation, child support, spousal support, and property division, the Parties can file an uncontested divorce.  If the parties disagree on any issues, the divorce is contested.

An uncontested divorce can be quicker and less costly since the Parties agree on everything. An uncontested divorce can be completed relatively quickly by filing the proper documents and, if required, appearing in court to give simple testimony in support of the divorce.  Depending on the jurisdiction, if the documents are correct and complete, you may not even have to appear in court.

In a contested divorce, some or all of the major issues related to the marriage and divorce are in dispute.  A contested divorce usually requires multiple court hearings and discovery – the formal process of exchanging information between the parties.  This means a contested divorce is a lengthier and more costly process. 

Is an Uncontested Divorce Right for You? 

With an uncontested divorce, you can avoid the stress and expense of a trial. However, there are some things you should consider before deciding if an uncontested divorce is right for you.

If you have children, you and your spouse must agree on custody and visitation arrangements. You will also need to reach an agreement on child support. If you own property, you must determine how to divide it between you and your spouse. You and your spouse must agree on how to handle spousal support. Finally, you will need to decide who will be responsible for any debts you and your spouse have incurred during your marriage. If you and your spouse disagree on any of these issues, uncontested divorce might not be the right option.  You should consult an experienced divorce attorney to determine the best way to move forward. 

Where you file for divorce can be as important as whether you file.  Keep in mind each jurisdiction has unique requirements and rules for divorce.

You can find more information about divorce in Maryland here.

You can find more information about divorce in Virgina here.

The divorce attorneys at Bourdon &Tortolero – proudly serving clients in Virginia, Maryland, and the DC metropolitan area – focus their practice on helping clients like you successfully navigate their divorces through the family law court proceedings with their parental and financial rights intact. We are on your side and here to help, and we encourage you to reach out by contacting or calling us at 703-420-5514 for more information about what we can do for you today.

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