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

In Williamsburg, VA, knowing whether your divorce will be contested or uncontested can save you time, money, and stress. Learn more from Pedersen law.

June 18, 2025

Thinking about divorce can feel overwhelming. Maybe you and your spouse are ready to part ways peacefully. Or maybe you know you’re not going to agree on important things like who keeps the house or who gets custody of the kids.

In Williamsburg, VA, knowing whether your divorce will be contested or uncontested can save you time, money, and stress. At Pedersen Law, PLLC, the team helps people decide which path fits their situation and protects their future.

What Is a Contested Divorce in Virginia?

A contested divorce happens when you and your spouse cannot agree on key issues. This could include:

  • Why you’re getting divorced (grounds for divorce)
  • How to split up your property and debts
  • Child custody or visitation
  • Spousal support (alimony)

When there’s no agreement, a judge will decide for you. This process often takes longer, costs more, and involves formal court hearings and possibly a trial.

Virginia allows both fault-based and no-fault grounds for divorce. Fault grounds include adultery, cruelty, desertion, or a felony conviction.

What Is an Uncontested Divorce in Virginia?

An uncontested divorce is much simpler. It means you and your spouse agree on everything before going to court — property, custody, child support, spousal support, and any other financial issues.

  • Virginia requires spouses to be separated for a certain period before filing:
  • Six months if you have no minor children and a written separation agreement.
  • Twelve months if you have minor children.

Once you meet the separation requirement and have a signed agreement, the court can approve your divorce without a trial. This usually makes the process faster and less expensive.

Why the Difference Matters

Choosing the right path affects how long your divorce takes, how much it costs, and how much control you keep over the outcome.

Uncontested divorce usually means less stress, lower legal fees, and more privacy.

Contested divorce may be necessary if you and your spouse can’t agree and need a judge to make final decisions.

Virginia courts generally prefer couples to resolve issues themselves whenever possible.

How Pedersen Law, PLLC Can Help

Pedersen Law, PLLC helps individuals and families across Williamsburg and the surrounding area handle both uncontested and contested divorces. The firm provides:

  • Help drafting clear, fair separation agreements
  • Guidance on Virginia’s separation requirements
  • Strong representation in negotiations and court if needed
  • Answers to questions about child custody, support, and division of property

Whether you and your spouse agree on everything or nothing at all, the team works to protect your rights and help you move forward.

Take the First Step — Talk to a Unconetested Divorce Attorney Today

Deciding between contested and uncontested divorce can shape your future. You don’t have to figure it out alone. The experienced team at Pedersen Law, PLLC is ready to explain your options, answer your questions, and guide you toward the best solution for your family.

Contact Pedersen Law, PLLC today to schedule a private, no-obligation consultation. Get the clarity and support you need to take the next step with confidence.