A property settlement agreement (PSA) can be the foundation of a relatively painless, uncontested Virginia divorce. But what happens if you sign the PSA and later discover a serious problem? Can an uncontested divorce become contested, and when should you raise the issue?

The answer depends heavily on timing. Concerns raised while the PSA is still being drafted are very different from an attempt to challenge a signed agreement or a final divorce decree.

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What Is a Property Settlement Agreement (PSA) in a Virginia Uncontested Divorce?

Think of the process a little like Monopoly. Almost nobody plays exactly by the Rules of Monopoly, but divorce is one game where the rules matter.

An uncontested divorce has its own rules. One important document is the PSA, also called a separation agreement or divorce settlement agreement. When both spouses agree, a PSA can address the major issues that otherwise create disputes in divorce:

  • Child custody
  • Child support
  • Spousal support
  • Property division
  • Parenting time schedules

Those agreed-upon decisions are written into the PSA as a legally binding document. The parties agree to its terms, the divorce proceeds through Circuit Court, and the court enters the divorce decree.

Can You Contest an Uncontested Divorce Before the Final Decree in Virginia?

We have previously explained how a case can move from a contested divorce to an uncontested divorce. What about going the other direction?

If you have signed a PSA but the court has not yet entered the final decree, you can raise concerns. Doing so, however, can delay the divorce and increase the expense. A signed PSA reflects that both parties agreed to its terms, so trying to reopen settled issues after signing is substantially different from negotiating them before signing.

The practical lesson is simple: do not sign a PSA while you still have unresolved concerns about its terms.

When Can You Challenge a Property Settlement Agreement in Virginia?

The best time to raise and resolve concerns is during the drafting and negotiation of the PSA. Take reasonable time to consider custody, support, property division, parenting time, and any other important terms before you sign.

In some circumstances, an issue can be reserved for later consideration. We have discussed reserving issues in divorce in more detail elsewhere. Reserving a genuine unresolved issue can allow the rest of the agreement to move forward while preserving that issue for later resolution.

Focus on material disputes rather than minor property disagreements. Divorce attorneys sometimes encounter fights over low-value household items, including the $49 toaster discussed in a New York Post piece.

If an important issue needs to be reserved, the process generally involves:

  1. Telling your attorney during PSA drafting that you want to reserve the issue.
  2. Notifying the other party and counsel.
  3. Requesting that the Circuit Court reserve the issue.
  4. Identifying the reserved issue in the property settlement agreement presented to the court.
  5. Returning to the court for resolution of the reserved matter when appropriate.

The PSA can otherwise remain intact while the reserved issue remains open to later consideration.

Can You Contest an Uncontested Divorce After the Final Decree in Virginia?

Challenging a final divorce decree is much more difficult than raising an issue before signing the PSA. Based on the issues discussed in this article, grounds for challenging the agreement or decree may include:

A challenge to a signed agreement or final decree is fact-specific. The existence of a disagreement alone does not mean a court will set aside the agreement or decree.

How Long Do You Have to Challenge a Divorce Decree in Virginia?

Do not assume you can wait indefinitely. If you discover a serious issue, delay can make a challenge more difficult. For example, if you believe significant assets were hidden but wait years before seeking relief, the court may consider that delay when evaluating the circumstances.

Because deadlines and available remedies depend on the facts and procedural posture of the case, speak with an attorney promptly if you believe a signed PSA or final decree should be challenged.

What Evidence Do You Need to Challenge a Divorce or PSA in Virginia?

A court challenge requires evidence, not simply regret about the deal you made. Depending on the issue, potentially relevant evidence may include:

  • Financial records
  • Tax returns
  • Deeds, property appraisals, and liens
  • Witness testimony or written accounts
  • Professional opinions
  • Affidavits
  • Texts, emails, and videos that may reveal relevant motives or conduct

After divorce, you may discover evidence of your ex-spouse’s unethical or illegal behavior, hidden assets, coercion, or financial issues. Perhaps She saddled you with her financial debt, or other information emerges that calls the agreement into question. The strength and relevance of the evidence will matter.

What Are the Risks of Reopening a Divorce Case in Virginia?

The later you raise an issue, the more difficult and expensive the process can become. As a practical framework, consider three stages:

  1. During PSA drafting: concerns can be negotiated before you sign.
  2. After the PSA is signed but before the final decree: reopening settled terms can create delay and additional expense.
  3. After the final decree: challenging the completed divorce can require substantial litigation, evidence, time, and expense.

An attorney seeking to challenge an agreement or decree may need to file the appropriate motion, identify the requested remedy, and develop evidence through the litigation process. There is no guarantee that the court will grant the requested relief.

Can a Virginia Divorce Lawyer Help You Contest an Uncontested Divorce?

Your divorce is not a game. The best opportunity to address concerns about a PSA is generally before you sign it. Make sure your attorney knows about unresolved questions involving custody, support, parenting time, property, debts, or other material terms.

Talking to your attorney long after that final divorce decree may still be worthwhile when serious problems surface, but post-decree litigation can be slower, riskier, and more expensive than resolving issues during negotiation.

Whether you are contesting a draft PSA, questioning a signed agreement, or considering a challenge after divorce, your individual circumstances matter. Contact The Firm For Men today or call our Virginia Beach office at (757) 383-9184 to set up an appointment. We are here to help before, during, and after your divorce.