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Contested vs. Uncontested Divorce in Virginia: What’s the Difference?

We don’t handle contested divorces, but if you and your spouse are working toward a cooperative resolution, we’re here to help you take the next step with confidence.

June 18, 2025

If you’re thinking about divorce, you may be wondering if it can be simple, or are you heading for a legal battle no matter what?

At Pedersen Law, PLLC in Williamsburg, Virginia, we focus on helping people who are ready to move on peacefully. We do not handle contested divorces—instead, we work with individuals who can agree on the terms of their separation and are looking for a smooth, respectful path forward.

Even if you’re unsure which category your situation falls into, understanding the difference between contested and uncontested divorce is a helpful first step.

What Is a Contested Divorce in Virginia?

A contested divorce happens when spouses can’t agree on important issues, such as:

  • Who will have custody of the children
  • How to divide marital property and debt
  • Whether spousal support (alimony) is needed
  • The legal reason for the divorce (called “grounds”)

When no agreement can be reached, a judge must step in to make those decisions. Contested divorces often involve formal court hearings, legal discovery, and in some cases, a full trial. They typically take longer, cost more, and involve more emotional stress.

Pedersen Law, PLLC, does not handle contested divorces. If you know your case will require courtroom litigation or your spouse is unwilling to cooperate, we encourage you to seek a law firm that focuses on contested family law matters.

What Is an Uncontested Divorce in Virginia?

An uncontested divorce is much simpler—and that’s where we can help. This process applies when both spouses are in agreement on all major issues, including:

  • Division of property and debts
  • Child custody and visitation (if applicable)
  • Child support and spousal support
  • The decision to end the marriage itself

In Virginia, couples must also meet a separation requirement before filing:

  • Six months of separation if there are no minor children and there’s a written agreement
  • Twelve months of separation if minor children are involved

Once those conditions are met, the divorce can often be finalized without a court appearance—saving time, legal fees, and stress.

Why This Difference Matters

Knowing the difference between contested and uncontested divorce helps you choose the right legal path—and the right legal team.

If you and your spouse are on the same page or close to it, an uncontested divorce may offer:

  • A faster, more affordable process
  • Less emotional strain
  • More control over the outcome
  • Greater privacy

If you're still working toward agreement, that’s okay. We can assist in finalizing a separation agreement that lays the foundation for an uncontested divorce filing.

How Pedersen Law, PLLC Supports Uncontested Divorce Clients

We help individuals and families in Williamsburg and surrounding areas navigate the uncontested divorce process with clarity and care. Our services include:

  • Drafting and reviewing separation agreements
  • Explaining Virginia’s separation requirements
  • Answering your questions about custody, support, and property division
  • Filing the necessary documents to finalize your divorce

Talk About Your Divorce Plan With Pedersen Law, PLLC Today

We don’t handle contested divorces, but if you and your spouse are working toward a cooperative resolution, we’re here to help you take the next step with confidence.

Schedule a consultation today to learn more about uncontested divorce in Williamsburg, Virginia. Let’s take the stress out of the process and focus on helping you move forward.