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Contested vs. Uncontested
Uncontested Divorce
In an uncontested divorce, both parties have an agreement regarding all issues of divorce, such as how they will split the property, child custody, and spousal and child support. This eliminates the need for court intervention and makes the process comparatively simpler than contested divorces. Although it is a faster process, it is still a legal proceeding so consulting with an attorney is recommended to navigate the rules and procedures.
Contested Divorce
In Virginia, a contested divorce process takes place where the parties/spouses cannot decide on one or more issues or aspects of their divorce, such as: property divisions, child custody, or support. In these cases, a judge must decide the outcome of these factors. Because this requires litigation, it may take longer than an uncontested divorce, since there is information, records, documents that needs to be collected in order to be presented at trial to the Court. These cases can also be more expensive due to the legal work that is required. Often parties may start out with a contested divorce, but after some period of discovery (process of collecting information, documents and records regarding the issues of divorce, which will be presented at trial) may settle out of court. Therefore, not all contested divorces will go to trial and be decided by the Court/Judge.
Divorce from Bed and Board
A divorce from bed and board is a partial divorce in which the couple is legally separated, but they are not free to remarry. Divorce for bed and board requires there to be “willful desertion or abandonment” or “cruelty and reasonable apprehension of bodily harm.” Abandonment requires there to be the breaking of cohabitation and the intent to desert. However, if one party has committed acts that can be considered cruelty, the party that left will not be guilty of desertion. If these grounds exist, a divorce from bed and board may be filed following separation. Cruelty requires there to be physical bodily harm in order to render living together unsafe. Usually, mental cruelty itself is not enough for grounds for divorce in Virginia. Cruelty can be the basis for a divorce from bed and board and divorce from bed and board can be filed once the parties separate.
Divorce from Bond of Matrimony
A divorce from a bond of matrimony ends the marriage and allows both parties to remarry upon the issuance of a final order of divorce. In Virginia, there are no-fault divorces and fault based divorces. No-fault grounds can be applied if the parties have been separated for a year (or six months if there is a separation agreement). However, fault-based grounds require there to be one of the following: adultery/sodomy, desertion, cruelty, and conviction of a felony.
Proving adultery can be quite difficult since it is strictly fact-based. You must prove that your spouse was engaging in sexual relations with another person. Suspicion or speculation is not enough.
Additionally, emotional cheating is not valid. Additionally, if one party has been convicted of a felony and sentenced to confinement for more than a year, then the other party can file for divorce from the bond matrimony.
To schedule a consultation regarding your Virginia divorce case, call our experienced Fairfax and Loudoun divorce & family law attorney at 703-570-4232 or email us at [email protected].
About Khanna Law, PLLC:
Khanna Law is a full-service law firm located in Reston Virginia. We specialize in all aspects of divorce, custody, & family law, family & business based immigration law, as well as trust and estate law. We proudly serve clients throughout the Northern Virginia area including Fairfax, Loudoun, Arlington, and Prince William County.
At Khanna Law, your case is always our top priority.
We pride ourselves in not only zealously representing our clients inside and outside the courtroom, but also in providing them with a clear understanding of the legal rights and process they are undertaking. No matter the complexity of your case, you can trust us to provide you with the highest quality legal representation, innovative legal solutions, and a client focused approach to your case.
Written By Priti Khanna
Priti Khanna is the principal attorney and founder of Khanna Law, PLLC. Priti’s primary fields of practice are family law and immigration, and she regularly handles complex litigation related to custody, divorce, child and support matters.
