Contested vs. Uncontested Divorces

Virginia Beach Marriage Dissolution Attorneys

Many people who are in difficult marital situations delay getting a divorce because they fear the unknown, and are worried about the time and cost. They frequently prefer to live unhappily in their current marital situation than to face the unknown and uncertain future decided by a Judge. When faced with these difficult circumstances, it is important to know that you have options.

The Benefits Of An Uncontested Divorce

An uncontested divorce is not feasible for everyone. It is reserved for those situations where the parties can agree on all major issues regarding the dissolution of their marriage. We recommend that our clients consider the feasibility of an uncontested divorce since it has many benefits. If the parties are able to reach agreement over the various aspects of their marital situation, they would have more control over the outcome of their divorce. It would allow the clients to make the important decisions regarding child custody, visitation, and property division, rather than a Judge. In an uncontested divorce, the clients usually enjoy a less hostile relationship with ex-spouse rather. Children often adjust easier to divorce if the parents have been less adversarial during the proceedings. Uncontested divorces are usually less costly, and take less time than a litigated divorce.

Our lawyers will meet with you to discuss all the relevant divorce issues and prepare a comprehensive settlement agreement that carefully outlines all of the agreed upon terms. The Separation Agreement will then need to be finalized in a brief divorce hearing before a Judge.

If some or all of the issues in your divorce cannot be resolved by an agreement, in all probability you will be headed toward a contested divorce. Therefore, you can settle some issues in your divorce by agreement, but fight over issues that you do not agree to. That scenario is considered a contested divorce, and our attorneys are experienced to fight for you.

Choosing The Best Manner In Which To Move Forward

Our knowledgeable family law attorneys have extensive experience in both contested and uncontested divorces. When you sit down with us for a consultation, we will listen to you needs and concerns to help you decide the best way to move forward. We will discuss the feasibility of reaching agreement on some or all of the issues with your spouse, and the best manner in which to bring these issues up for resolution. We will then take the time to explain your options so you will know exactly what to expect.

If you choose to retain our services, your initial consultation fee will be waived.

A large percentage of the divorces we handle start out as uncontested divorces. However it is not uncommon for a spouse to alter their position on important issues such as custody and property settlement during the pendency of the case. This is frequently caused by the parties initially believing that they can work out all of the details, but when the questions are presented, they discover that they actually have disagreements on many of them. This can create hostility among the parties, and necessitate a contested divorce. In the event that this should occur, we are ready and able to aggressively protect your rights throughout the litigation process. However, we are always open to attempting to resolve the issues. Working with the framework of the items on which you can reach agreement, we will plan our approach to reach the maximum benefit for you. We know that this is your case and your decision whether to settle issues or fight. We give you the tools to decide what strategy is best for you, and then we aggressively pursue the strategy that we develop together.

To learn more about uncontested divorce, please schedule a confidential consultation by calling us at 757-340-5800 or contacting us online.

Joseph W. Hood, Jr. & Associates • Convenient Beach Tower Location • Major Credit Cards Accepted