Many people believe that if their spouse consents to a divorce, then the divorce will be uncontested. In Virginia, you do not need your spouse's consent to obtain a divorce and this is not what makes a divorce contested. What makes a divorce contested is when the parties are fighting over stuff. This could be spousal support, child custody and support, division of property which includes debts and retirement accounts. If you and your spouse are unable to agree on these issues, you may end up with a contested divorce where the Court is asked to make a decision about these things. Contested divorces can be very expensive and neither party is likely to be completely happy with the Court's decision.
If you are seeking a divorce, it is better to try to work out a property settlement, frequently called a separation agreement with your spouse. We can assist you with this. Contact Hampton Roads Legal Services at 757-276-6555 to schedule a free phone consultation to discuss having a separation agreement prepared for you.