Is Your Divorce Contested Or Uncontested?
Even though most people never dream they will have to file for divorce, most hope that if they do have to go through the process of dissolving their marriage, it will go quickly and be as painless as possible. Unfortunately, a quick and painless divorce depends heavily on whether it’s contested or uncontested, and how well spouses communicate with each other during legal proceedings.
The Difference Between Contested And Uncontested Divorce
Contested divorce is what most people think of when they hear the word divorce. In this type of divorce, spouses typically don’t agree on all of the points needed to finalize a divorce, including:
- Dividing marital property and debts
- Establishing a fair custody and visitation arrangement
- Determining who will pay child support
- Establishing a need for spousal support/alimony
Simply put, if any of these issues remains unresolved, your divorce is contested. Contested divorces typically take longer and are more stressful, which force spouses to rely on their attorneys and the courts for a resolution.
Uncontested divorce is when spouses do not need any help with any of the family law matters above because each party already agrees on all of these points and both are willing to enter into a settlement agreement. If the arrangements made by the spouses are in accordance with the law and are in the child’s best interests, then the only interaction with the courts in an uncontested divorce is between the attorneys and judge. Most of the time, no court appearance is even required for the divorcing parties.
Whether or not spouses arrive at a full agreement on their own or during mediation, uncontested proceedings typically take less time to work through the system. It’s because of this and the fact that couples remain in control of the situation that most people find uncontested divorces less stressful.
Providing Guidance Through The Process That Makes Sense For You
Whether you agree with your soon-to-be ex-spouse on family law matters or feel like your case would be better handled by a judge, the highly experienced lawyers at S|S|H|W Sevila | Saunders | Huddleston | White are here to help. We pride ourselves on being knowledgeable in the law, willing to work out matters through mediation and aggressive advocates if court litigation is necessary.
Talk to any of our family law attorneys: Craig E. White, Benjamin Fitzgerald, R. Penn Bain and Heather S. Miller.
We make sure you and your child’s voices are heard during divorce discussions and that your interests are safeguarded throughout the entire process.
Get Help Today
Since 1982, our firm has served individuals and families throughout Virginia, helping them through perhaps the most challenging and difficult time in their lives. To schedule a consultation, call 703-468-0432 or send us an email. In-person consultations are also available at our Leesburg office.