Divorce is more than a legal filing—it is a restructuring of daily life. For couples in Fairfax County and the Fredericksburg region, divorce often affects housing, finances, parenting schedules, and long-term stability. One of the most important early questions is whether the divorce will move forward as uncontested or contested. Although those terms sound straightforward, they describe very different legal processes with different timelines, costs, and levels of court involvement.

Understanding the difference helps you make informed decisions early, avoid unnecessary conflict, and protect your interests—especially when children, support, or significant assets are involved.

What an uncontested divorce means in Virginia

An uncontested divorce means you and your spouse have reached agreement on the issues the court requires you to resolve before granting a divorce. This usually includes:

• Property and debt division
• Child custody and visitation (if applicable)
• Child support (if applicable)
• Spousal support (alimony), including whether it applies and for how long
• Other financial terms such as tax issues, insurance responsibilities, and payment deadlines

Most uncontested divorces are supported by a written Separation Agreement (sometimes called a Property Settlement Agreement). This agreement becomes the framework for the final divorce decree. Instead of asking a judge to decide what is “fair,” you and your spouse decide the terms—and the court’s role is largely to review and finalize the case once requirements are satisfied.

Why uncontested divorce appeals to many families: It often offers more privacy, less stress, fewer court appearances, and significantly more control over the final outcome.

What makes a divorce contested

A divorce becomes contested when spouses disagree on one or more major issues—or when one spouse refuses to cooperate. Divorce disputes commonly involve:

• Custody and parenting schedules
• Visitation restrictions or supervision concerns
• Child support disputes (especially involving bonuses, overtime, or self-employment)
• Spousal support disagreements
• Division of retirement accounts, real estate, or business interests
• Claims that a spouse is hiding income or dissipating assets
• Fault-based allegations (such as adultery or cruelty), which can affect strategy and negotiations

Contested divorces often require hearings, evidence, and formal procedures. This includes discovery, where parties exchange financial records and other documents, and may involve subpoenas, depositions, or expert analysis.

It is also important to know that “contested” does not automatically mean “trial.” Many contested cases settle—sometimes after the parties fully understand the financial realities and legal standards that would apply if a judge decided the issues.

Timeline differences: what spouses in Fairfax and Fredericksburg should expect

Virginia requires a period of separation for most no-fault divorces:

• 6 months if there are no minor children and you have a signed agreement
• 12 months if there are minor children

However, this separation requirement is only one part of the timeline. Court schedules and case complexity matter.

• In Fairfax County, a high volume of family cases can lead to longer waiting periods for contested hearings, especially when custody disputes require multiple court appearances.
• In the Fredericksburg area (including Stafford and Spotsylvania), timelines vary by locality and docket volume, but contested cases can still extend for months due to hearings and discovery.

Uncontested cases can often move forward efficiently once the separation period ends and paperwork is complete. Contested cases typically last longer because issues must be negotiated, proven, or decided through court proceedings.

Cost differences: what drives the expense of a divorce

Many people want a simple estimate of what divorce will cost, but cost is driven by how much legal work is required and how the case progresses.

Uncontested divorce tends to be less expensive because it usually involves:

• fewer hearings
• less discovery
• less formal motion practice
• fewer contested negotiations

Contested divorce often costs more because it may involve:

• multiple hearings and court filings
• extensive document exchange
• depositions or subpoenas
• attorney time for evidence review and preparation
• expert witnesses in complex financial or custody matters
• trial preparation if settlement fails

One common misconception is that avoiding legal advice reduces cost. In reality, unclear agreements, poor drafting, or missing financial disclosures often lead to expensive disputes later. In both Fairfax and Fredericksburg, early legal guidance can help you understand your rights, organize documentation, and avoid preventable setbacks.

Who makes decisions: you or the court?

In an uncontested divorce, spouses keep more control. You decide the terms and, once the court confirms requirements are met, the agreement is incorporated into the final decree.

In a contested divorce, unresolved issues may be decided by a judge, including:

• custody and parenting time
• visitation restrictions
• child support
• spousal support
• property and debt division under Virginia’s equitable distribution rules

When a judge decides, both parties must follow the order—even if neither party views it as ideal. That uncertainty is why many contested cases ultimately benefit from structured settlement discussions.

Choosing the right approach

Uncontested divorce may be realistic when:

• both spouses are willing to compromise
• finances are transparent
• custody arrangements can be negotiated
• there are no safety concerns

Contested divorce may be necessary when:

• custody disputes involve serious disagreement or safety issues
• one spouse is hiding assets or refusing cooperation
• intimidation or harassment affects negotiation
• complex assets require formal valuation
• settlement is unrealistic due to extreme conflict

A key point is that “uncontested” is not always appropriate simply because it seems faster. The agreement must be detailed and fair enough to avoid future litigation. In many cases, the goal is not simply speed—it is a stable outcome that protects your rights long after the divorce is final.

Conclusion

Whether your divorce is uncontested or contested, the choices you make early often shape everything that follows—from custody schedules to financial security. If you are considering divorce in Fairfax County or the Fredericksburg region and want a clear, realistic plan for next steps, AMG LAW PLC can provide experienced guidance tailored to your situation.