- posted: Apr. 27, 2025
Once they’ve made the decision to end their marriage, most people say they want to reach a settlement with their spouse so they can complete an uncontested divorce. There are several potential advantages to this type of marriage dissolution. By reaching an agreement on parenting and financial terms, spouses can avoid the time, cost and aggravation associated with litigation. However, it is vital to remember that once you finalize your divorce, there’s no going back, and later on you could find yourself wishing that you had fought for a better deal rather than giving in to maintain a false sense of harmony.
When your financial future, parental rights or personal well-being is on the line, a contested divorce could be the best choice. Some specific instances where you might want to consider this path include the following.
Fault-based divorce — Even when a person’s husband or wife has engaged in serious marital misconduct, filing spouses often seek a no-fault divorce because they do not want to have to prove one of the fault grounds listed within Virginia law. These are adultery, abandonment, cruelty and felony conviction. If you want to accelerate the marriage dissolution process and have sufficient supporting evidence however, a fault-based divorce can be completed without the 12-month no-fault separation period.
Suspicion of financial fraud — You might need to contest the divorce to achieve a fair distribution of property, retirement accounts, real estate and investments. If you suspect your spouse is hiding assets or not being forthcoming about their financial status, a contested divorce gives you a chance to leverage the court’s authority to find the truth.
Emotional manipulation — People often say they want to avoid litigation because it heightens the emotional conflict associated with a breakup. This can be true, but there is also a danger that your spouse might try to pressure or manipulate you into accepting unfair divorce terms. Resolving the case in court and putting the decision in the hands of a neutral judge might avert an unfavorable result brought on by emotional exploitation.
Disagreement over custody — It might be prudent to compromise on a financial issue, but when child custody arrangements are unfair or not in the best interests of your children, it’s worth fighting for an appropriate resolution.
Harding, Harding & Harding Attorneys at Law, PLC provides strong advocacy to Hampton Roads clients in contested and uncontested divorces. For a free consultation at our Virginia Beach, Chesapeake or Norfolk location, please call 757-499-2600 or contact us online.
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Mr. Thomas F Harding Attorney at Law, Thank you for not only your legal expertise but also the compassion and emotional support you provided for our family during this, stressful times. Your exceptional negotiating skills allowed us to avoi...
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I recommend Mr Thomas Harding! During a difficult time in my life, he helped me with my legal situation. He is professional knowledgeable in his field, and handled my legal situation swiftly and efficiently! Thank you Thomas!
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Thank you Thomas Harding! Everything was quick and easy. He helped me adopt both of my daughters in no time. Very knowledgeable, stayed in communication with us through out the whole process. I was amazed. Good people doing a great job! I h...
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Does excellent work, very much recommended
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If you're looking for an outstanding divorce lawyer, Mr Harding is the professional you want on your side. With a deep understanding of family law and a compassionate approach, he made a stressful process much more manageable. His com...
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