What does it mean to have a "contested" divorce? What about "uncontested" divorce?

Sometimes a divorce can be amicable meaning that both sides want to separate and will not fight over property, child custody, or other marriage things.

When considering divorce, one of the first questions many people ask is whether their divorce will be contested or uncontested. Understanding the difference can help you set expectations about time, cost, stress, and the overall process.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all major issues related to the divorce. This typically includes:

• Division of property and debts

• Spousal support (or agreement that none will be paid)

• Child custody and visitation (if applicable)

• Child support

In an uncontested divorce, the parties may still have disagreements initially, but they resolve them through negotiation, mediation, or settlement before the case proceeds to trial.

Benefits of an uncontested divorce include:

• Lower legal costs

• Faster resolution

• Less emotional stress

• Greater control over the outcome

• More privacy

In Virginia, uncontested divorces are often handled through paperwork and written agreements, without the need for court appearances.

What Is a Contested Divorce?

A contested divorce occurs when the spouses cannot agree on one or more key issues. These disputes may involve:

• Child custody or visitation

• Child or spousal support

• Division of marital property

• Fault-based grounds for divorce (Adultery (cheating), cruelty, desertion to name a few)

In a contested divorce, the court may need to decide unresolved issues after hearings or a trial.

Characteristics of a contested divorce include:

• Higher legal costs $$

• Longer timelines

• Increased stress and uncertainty

• Court involvement in decision-making

Contested divorces can take months—or even years—depending on the complexity of the case and the level of conflict.

Does “Contested” Mean You’ll Go to Trial?

Not necessarily. Many divorces start as contested but eventually settle before trial. Attorneys often work to resolve disputes through negotiation or mediation to avoid the expense and unpredictability of court.

Which Option Is Right for You?

Every family’s situation is different. An uncontested divorce may be appropriate when:

• Communication is still possible

• Both parties are willing to compromise

• There is transparency about finances

A contested divorce may be necessary when:

• There are safety concerns

• One party is hiding assets

• There is disagreement over children

• Power imbalances make negotiation unfair

An experienced family law attorney can help you evaluate your options and protect your interests, regardless of which path your divorce takes.

How an Attorney Can Help

Even in an uncontested divorce, legal guidance is important to ensure agreements are enforceable and your rights are protected. In contested matters, an attorney advocates for you, manages court procedures, and helps you navigate difficult decisions.

Final Thoughts

Understanding whether your divorce is contested or uncontested is an important first step. With the right guidance, many cases can move toward resolution in a way that minimizes conflict and supports long-term stability.

If you are considering divorce and want to understand your options under Virginia law, speaking with us at Arcadia Law we can help you move forward with clarity and confidence. Call today (804)-507-5001.