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Is a No Fault Divorce the Same as an Uncontested Divorce?

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Is a No Fault Divorce the Same as an Uncontested Divorce?

November 26 2018
By Faye Carroll

No. Although most divorces based on no fault grounds are uncontested because the parties have signed a Settlement Agreement, a no fault divorce is not the same as an uncontested one. The divorce grounds stated in a Complaint for Divorce only establish the reason a person is filing for the divorce. All states now recognize no-fault grounds for divorce. The no fault ground in Virginia is called “living separate and apart.”

Whether or not a divorce is uncontested is determined by whether or not the parties can agree on all of the issues that may exist, such as custody, support or property matters.

Even if a divorce is filed on the grounds of living separate and apart, the parties may still have issues that they cannot agree upon.  In that situation, the case is considered contested, and the court will decide those issues (such as custody, support, and distribution of property and debts). In some cases that are filed under no fault grounds, the other party may even contest the allegation that they have lived separate and apart, which will then have to litigated in court.

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