Blog

Complicated relationship, contested divorce concept. Husband and wife planning divorce and holding broken heart on white background

Contested Divorce vs. Uncontested Divorce

The common misconception is that every divorce in the United States always has to become a bitter battle between spouses that disagree on everything from child support calculations, child visitation schedules, spousal support, and the division of marital assets. However, if both partners are willing to work together, they can have an uncontested divorce and reduce the cost and time involved in the divorce process. Learn more about these different types of divorce and which one may suit your interests best based on the facts and circumstances of your unique situation. 

Contested Divorce

Many divorces are considered contested divorces. Those divorces are where both parties can not agree on at least one substantial divorce issue, such as child visitation schedules, child support or spousal support calculations, or how to divide assets and debts. In most divorces, both parties are in direct disagreement regarding one or more of these important issues, which is why the divorce is considered contested. 

There is, however, a benefit to a contested divorce. While these types of divorces do typically cost more and take substantially longer to resolve, these divorces require “financial discovery.” If you have any suspicion that your spouse makes more income than they are stating, or may have assets hidden unknown to you, you may want to move through the divorce process as a contested divorce in order to make these financial determinations. Additionally, having a contested divorce means that your attorney will work as hard as possible to obtain the best possible outcome for you regarding all of the issues mentioned above. 

Uncontested Divorce

In certain cases, both spouses agree on almost every area that needs to have decisions made in the divorce process. When parties are amicable the entire divorce process does not last as long, and can cost considerably less. It is important to note that even in an uncontested divorce, the spouses must file divorce paperwork with the court in Virginia. Uncontested divorces do take less time and money, though you may still want to have legal representation through the process. Unfortunately, some uncontested divorces become contested divorces quickly, and in those cases it is important to have legal representation. Additionally, even if the case stays amicable and uncontested throughout the process, it is important for you to always understand your legal rights and ensure they remain protected. 

Contact an Experienced Divorce Attorney 

If you are considering a divorce, learn more about your legal options and legal rights by contacting an experienced divorce attorney today at Kurylo Gold & Josey at (540) 642-1766 or connecting with us online. We would welcome the opportunity to discuss your legal options with you and help you understand your rights.