Uncontested Divorce

Our Services For Uncontested Divorce

If you and your spouse are able to agree on an uncontested divorce, you may not need a full-scale legal approach. At Robert L Isaacs & Associates, we provide a basic set or “flat” fee divorce, depending on the specific circumstances of your situation. This fee includes no language regarding property division, custody, visitation or support in the divorce paperwork.

What Makes an Uncontested Divorce Different?

An uncontested divorce occurs when both spouses agree on all major issues (property division, child custody, spousal support, finances, etc.) without needing a court trial. This makes the process quicker and less expensive than contested divorces.

The primary difference is that, in an uncontested divorce, you and your spouse reach an agreement outside court, avoiding lengthy legal proceedings. Uncontested divorces are ideal for couples wanting a fast, amicable resolution, with mediators or lawyers to draft the paperwork and judges ready to approve settlements.

Because you and your spouse agree on the terms, there's no need for a drawn-out battle over details. Once the paperwork is filed, the judge reviews it, and if everything aligns with state laws, it's finalized quickly. In many cases, this can be done in a few months.

No-Fault Divorce vs. Uncontested Divorce

Though they may sound similar, these terms have different meanings. A no-fault divorce means neither spouse has to prove the other was at fault for the marriage’s breakdown. No evidence of wrongdoing is needed. Most states offer this, simplifying the process by focusing on the end of the marriage.

An uncontested divorce refers to whether both spouses agree on the terms. It’s possible to have a no-fault divorce, but if you and your spouse can't agree on assets, child custody, or other issues, it wouldn't be uncontested.

The Main Difference

The main difference is that no-fault refers to the reason for the divorce (no need for proof of fault), while uncontested refers to the process (mutual agreement on terms). A divorce can be both no-fault and uncontested, but they’re not the same.

What If the Spouses Can't Agree?

If you and your spouse can't agree on the terms, you won’t have an uncontested divorce. In that case, the process becomes more complicated. Disagreements over asset division, child custody, or alimony may require mediation or, if needed, litigation in court.

When couples can't agree, legal counsel or mediation can help find a resolution. Mediation involves a neutral third party helping both sides resolve disputes. If mediation fails, you may need a trial, where a judge decides contested issues, prolonging the process and increasing costs.

Mediation vs Litigation

Mediation may resolve disputes without going to court. Litigation is more costly and time-consuming, but may be necessary if you can’t come to an agreement.

Personalized Guidance

If you need a little more guidance, we do offer additional flat fee divorces for different circumstances. These circumstances include:

• Custody and visitation, helping you come up with a custody and co-parenting arrangement that fits your family
• Child support, making sure your child is financially stable
• Spousal support, when one spouse needs financial support on a temporary or permanent basis after the divorce
• Property division, including reviewing all marital assets and debts to come to a fair distribution

Prices vary and may not require a paid consultation. We will support your goal of coming to an agreement on all aspects of your divorce so you can pursue an uncontested divorce process. We will always be honest and upfront with you, however, if we think your situation is too complicated for an uncontested divorce and requires a more traditional divorce route, including no-fault divorce actions. Give us a call for additional information.

Find Out More

For more information, send us an email or call our office in Henrico at 804-297-0763 to schedule an appointment with one of our experienced attorneys.