What is the Difference between a Contested and an Uncontested divorce?

Whether your divorce is contested or uncontested can make a big difference in terms of cost, length, and emotional upheaval. The deciding factor when it comes to whether a divorce case is classified as contested or uncontested is whether or not it requires the court’s intervention. The bottom line is that, if your case goes to court, it’s contested, and if it doesn’t, it’s uncontested. You can, however, expect to face considerable legal challenges along the way, regardless of the classification. Having the skilled legal guidance of our experienced Manassas divorce attorneys at Bristle Schulze backing you up is a good place to start.

In Order for Your Divorce to Be Uncontested in Manassas

In order to obtain an uncontested divorce, which means keeping your case out of court, you and your spouse must reach an agreement regarding each of the terms that apply. These include the fair division of marital property, child custody arrangements, child support, and spousal support, or alimony. While finding middle ground may strike you as virtually impossible right now, you shouldn’t underestimate how motivating the benefits of an uncontested divorce can be.

The Benefits of an Uncontested Divorce

The benefits of an uncontested divorce include all the following:

• Your uncontested case is likely to be less time-consuming and less expensive.
• Resolving your case out of court is very likely to be less disruptive and less emotionally taxing, which not only benefits you but also benefits your children.
• You and your divorcing spouse retain the right to make important decisions about primary matters between yourselves in an uncontested divorce.

Ultimately, most divorcing couples prefer not to have the court make key decisions for them. And this helps to explain why the vast majority of Manassas divorces are uncontested.

Uncontested Divorces Are Generally No-Fault Cases

Most divorces in Manassas, which are heard in the Prince William County Circuit Court, are no-fault, meaning they are based on the couple living separate and apart. While all uncontested divorces are no-fault, fault-based divorces, such as those involving adultery or cruelty, almost always require court involvement, making them contested in practice. That said, even in a fault-based case, parties can sometimes reach agreement on the underlying divorce terms; however, the fault ground itself still requires the court to make a finding. Most contested divorces in Virginia are actually no-fault cases in which the parties simply could not agree on one or more terms.

Contested Divorce in Manassas

A contested divorce refers to a case in which the couple can’t reach a mutually agreeable resolution regarding at least one applicable divorce term. When this is the case, the court is called upon to resolve the matter. While there are advantages to uncontested divorce, each case is unique and must be considered in relation to the specific circumstances that apply. For example, if domestic violence is a concern, proceeding to court is generally advised. 

Discuss Your Case with Our Experienced Manassas Divorce Lawyers Today

Our resourceful Manassas divorce attorneys at Bristle Schulze dedicate our imposing practice to resolving challenging cases like yours as effectively and efficiently as possible – without ever losing sight of our clients’ rights. Learn more by contacting us online or giving our firm a call at 703-454-0701 today.