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.

Contested Divorce in Virginia Beach, Chesapeake and Norfolk

Unfortunately, many times spouses cannot agree on the issues surrounding the dissolution of their marriage. In those cases, you should file for a contested divorce.  In a contested divorce, both parties bring their issues to court.

Issues that are commonly the subject of disagreement in a contested divorce include the following:

Attorney Messman knows how to fight for you and protect your rights in a contested divorce.  In a contested divorce, when the spouses have been separated less than one year and do not agree that a divorce should occur, the spouse seeking a divorce must prove specific grounds for divorce.

Uncontested Divorce in Virginia Beach, Chesapeake, and Norfolk

An uncontested divorce is appropriate in those situations where the parties can agree on all major issues regarding the dissolution of their marriage. I recommend that my clients consider the feasibility of an uncontested divorce since it has many benefits.  If the parties were 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 their ex-spouse. 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 Virginia Beach divorce lawyer 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.

Choosing the Best Manner in Which to Move Forward

The knowledgeable family law attorney of Messman Law, PLC has extensive experience in both contested and uncontested divorces.  When you sit down with me for a consultation, I will listen to you needs and concerns to help you decide the best way to move forward.   I 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.  I will then take the time to explain your options so you will know exactly what to expect. At all times, I fight to protect your rights and preserve your relationship with your children.

A large percentage of the divorces I 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; however, 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, I am ready and able to aggressively protect your rights throughout the litigation process. However, I am always open to attempting to resolve the issues.  Working with the framework of the items on which you can reach agreement: I will plan an approach to reach the maximum benefit for you. I realize know that this is your case and your decision whether to settle issues or fight. My job is to provide give you the tools to decide what strategy is best for you, and then I aggressively pursue the strategy that you and I develop together.

A Divorce Attorney that Can Help

Do you have questions about Norfolk, Chesapeake, or Virginia Beach contested divorce?  Would you like to speak to an attorney about a Norfolk, Chesapeake, or Virginia Beach uncontested divorce?  Please schedule a confidential consultation by calling me at 757-215-4815 340-5800 or contacting me online. If you choose to retain my services, your initial consultation fee will be waived.

Joseph W. Hood, Jr. & Associates/Messman Law, PLC

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