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The pluses, and minuses, of uncontested divorce in Virginia

If you or your spouse (or both of you) are considering divorce, there are probably problems in your marriage that, try as the two of you have, cannot be overcome. Perhaps only one spouse is ready to move on, which could make negotiating a settlement difficult.

But if you and your spouse both agree that divorce is the best option, you may be able to save a great deal of time and money compared with the traditional, confrontational divorce path. In Virginia, many couples are able to take advantage of uncontested divorce instead.

To file an uncontested divorce, the spouses must reach agreement on the basic issues that confront most divorcing people: that is, division of marital property, alimony and child support. With those important issues settled, it is mostly a matter of having one spouse file for divorce and having the other spouse agree, so that the court will grant the divorce.

As with everything, there are pluses and minuses to uncontested divorce. Because it usually takes less time to complete an uncontested divorce, you can save money in court costs and attorney bills. You will also likely save a great deal of time, letting you begin adjusting to post-divorce life sooner.

On the other hand, uncontested divorce does not work for everyone. The more complex your marital property is, the more likely you and your spouse are to disagree about how to split it up. When children are involved, the emotions involved can make it difficult to work out a reasonable child custody schedule.

Confused? A conversation with a family law attorney will clear up a lot of questions, and help you decide what path makes the most sense for you and your spouse.

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