In Virginia, most divorces are granted based on no-fault grounds. The only requirements are that the spouses have been physically separated for at least six months — or at least one year if there are minor children — and that they have come to agreement on all essential issues. The difference between a contested and an uncontested divorce relates to the second requirement.

In an uncontested divorce, both spouses concur fully on all aspects of the divorce, including:

• Division of assets and debts — This covers marital property, bank accounts, debts, and retirement plans.
• Alimony — One spouse makes support payments to the other for a set length of time.
• Child custody and visitation — If there are children of the marriage, both parents agree on custody arrangements and visitation schedules.
• Child support — Both parents agree on the amount and duration of child support to be paid.

These issues are memorialized in a settlement agreement that becomes part of the divorce judgment. Provisions concerning children are subject to court approval, based on the children’s best interests.

An uncontested divorce goes through the circuit court on a fast track, requiring only the filing of the original petition, an affidavit attesting to the grounds for divorce and the final divorce settlement. As of July 1, 2021, Virginia law no longer requires a corroborating witness for a divorce based on no-fault grounds. Usually, no court appearance is necessary.

However, an uncontested divorce can turn into a contested one for several reasons. The following are possible scenarios:

• Disagreements arise — Even if the spouses are initially in agreement, issues of property division, spousal support or child custody can become contentious. One spouse might change their mind or hidden complexities could emerge, such as one spouse allegedly hiding assets..
• Breach of agreements — If spouses breach their initial agreements, it can trigger a contested situation. For example, hiding assets, not fulfilling financial obligations or violating custody arrangements can lead the other spouse to contest the terms.
• External factors — Unforeseen circumstances like job loss illness or new relationships can complicate the situation and lead to requested adjustments to the original agreements.

A contested divorce goes on a different track, which can take several months longer. It involves a process of exchanging financial and other information between the spouses. If there are problems finding or documenting assets, the court’s assistance may be requested. At a final hearing, the judge issues an order setting the terms of property distribution, alimony and child support and custody.

In some cases, a judge can order mediation to resolve disputes that might otherwise throw an uncontested divorce off track. An experienced divorce attorney can assist in using the mediation process to produce a beneficial resolution.

At Harding, Harding & Harding Attorneys at Law in Virginia Beach, Chesapeake and Norfolk, we can protect your best interests in a Virginia uncontested or contested divorce. To schedule a free initial consultation today, contact us online or call us at 757-499-2600.