Contested vs. Uncontested Divorce in Virginia: Which Path Fits Your Situation?

When a marriage ends, one of the first questions couples face is whether their divorce will be contested or uncontested. Understanding the difference between these two paths can help you make informed decisions, set realistic expectations, and choose the right approach for your circumstances.

At Cheryl Eddy Benn, P.C., we guide clients in Virginia Beach, Hampton Roads, and surrounding areas through both types of divorce with compassion and strong legal representation—helping you move forward toward a fair resolution.

What Is an Uncontested Divorce in Virginia?

An uncontested divorce occurs when both spouses agree on all major issues, including:

• Division of property and debts
• Child custody and visitation
• Child support and spousal support (if applicable)

Because there are no disputes to resolve in court, uncontested divorces are generally faster, less expensive, and less stressful. You and your spouse can finalize your divorce through a written agreement submitted to the court for approval.

Uncontested divorces are ideal for couples who can communicate effectively and who are committed to a cooperative resolution.

What Is a Contested Divorce?

A contested divorce happens when spouses cannot agree on one or more key issues. Disagreements may involve:

• Child custody and parenting time
• Division of marital assets
• Spousal support amounts
• Fault grounds (such as adultery or cruelty)

In these cases, negotiations or mediation may be attempted first, but if disputes remain unresolved, a judge will make the final decision. Contested divorces often involve more time, documentation, and court appearances—but they may be necessary to protect your rights and interests when cooperation breaks down.

Choosing the Right Path for You

The best type of divorce depends on your situation. Ask yourself:

• Can we communicate respectfully about finances and custody?
• Do we trust each other to disclose all assets and debts honestly?
• Is there a history of emotional or physical conflict?
• Are our goals for property division and parenting time realistic?

If your answers show that compromise is possible, an uncontested divorce may work for you. If emotions are high or major disagreements exist, pursuing a contested divorce with an experienced attorney’s help is often the wiser route.

How Cheryl Eddy Benn, P.C. Can Help

Whether your case is contested or uncontested, Attorney Cheryl Eddy Benn provides steady guidance through every step of the process. With over 35 years of experience serving Virginia Beach and Hampton Roads, she has helped countless clients protect their families, assets, and peace of mind.

Our firm focuses on clear communication, practical advice, and personalized attention. We handle the paperwork, court filings, and negotiations—so you can focus on rebuilding your life.

Schedule a Consultation Today

Every divorce is unique. Let’s discuss your goals and determine the best approach for your circumstances.

Contact Cheryl Eddy Benn, P.C. today to schedule a confidential consultation:
📞 757-895-7493
📍 Serving Virginia Beach, Hampton Roads, and surrounding areas



Visit us at www.cherylbennlaw.com to learn more.