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Can I switch from an uncontested to a contested divorce in Fairfax VA?

Fairfax, VA |

I filled for divorce originally as uncontested but I want to change to contested; can I do that?

Attorney Answers 3


Generally speaking, "uncontested" divorces are done where both parties have entered into a written separation agreement. In those cases the courts are generally required to enter a divorce only on the terms of the separation agreement. There are some issues that can be modified such as custody or child support, so it's theoretically possible to make that change. If you mean that you filed for divorce on the "no-fault" ground of living separate and apart for more than a year and now have a "fault" reason for seeking a divorce, you may be able to add that in with a new filing. I would advise you speak with a Fairfax attorney about the specifics of your case to make sure you get your questions answered.

The information provided in this response is in the nature of general information and in no way creates an attorney-client relationship with anyone including the individual who posted the question. If you would like to schedule a consultation to discuss the specifics of your case, please contact Livesay & Myers, P.C., (540) 370-4140,

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Most likely yes. It's not uncommon for one party to file "uncontested" having a good faith basis for believing that all marital issues have already been addressed to later find out that the other spouse will contest the case.

You did not mention why you wanted to contest it but you should definitely talk to an attorney if you believe there are issues that need to be addressed by the court before entering the final decree of divorce.


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Yes but you may need to put a motion on to get permission from the court to amend your pleadings. I would consult with a divorce attorney to assist as contested divorces can be more complex then an uncontested matter.

This is not legal advice, this is a general response that is only intended to be an analysis of the question and facts you have presented. This response does not create an attorney-client relationship, I am not your attorney. You must hire me and we must agree in writing to the representation to form an attorney-client relationship. I am only licensed to practice law in Virginia.

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