Divorce and Contested Divorce
Contested divorce in Virginia is something we do and discuss on our blog. If you are getting divorced, thinking about divorce, have a contested divorce, have an uncontested divorce, any other family law issue or are thinking about separating from your spouse - WE CAN HELP!
We offer TOP LEVEL LEGAL SERVICES for a FRACTION of the cost! We offer an incentive for our consultation. Details below the Consultation Form!
Our office has experienced family law at attorneys. Brian has been recognized multiple times as one of Virginia's Legal Elite, as a Super Lawyer and one of Coastal Virginia's Top Lawyers in Family Law and Divorce.
Contested Divorce in Virginia
A contested divorce in Virginia (or probably anywhere) can be one of the most difficult things a person goes through in their life. Unfortunately marriages don't always last. There are any number of reasons and it is not always any one person's fault. When this happens it creates any number of stressors and problems. If this leads to a divorce, sometimes it becomes a contested divorce. When we talk about a contested divorce in Virginia we are really talking about a divorce without an agreement. There is an entire section on this page devoted to the difference between uncontested versus contested divorces.
After over 25 years of experience as an attorney, I have come to see many, many contested divorces. As a result, I am able to handle variables that may appear in your case. That is important because no 2 cases are the same. Experience matters. As does skill in litigation. I have been recognized for my skill in handling contested divorces in Virginia. Both of these will help navigate you during the contested divorce process. Also feel to read our Reviews by our clients to learn more about us.
If you want to read about more topics the below I have listed some that are located on this page or click here to visit our Blog.
What is a contested divorce in Virginia?
Uncontested vs contested divorce in Virginia
What happens in a contested divorce in Virginia?
What are the stages of in a contested divorce in Virginia?
How long does a contested divorce take in Virginia?
How much does a contested divorce cost in Virginia?
Send In This Form For A Divorce Consultation
With A Lawyer - Contested or Uncontested
What is Divorce in Virginia?
Divorce in Virginia is the legal action that terminates a marriage. A married couple is either
A contested divorce in Virginia is one where the Court has to make a decision. By this I mean that one or more issues in the divorce cannot be or are not agreed upon and, as a result, the Court has to make the decision for the parties. There can be a contested divorce that has only one issue to decide (ex., equity in the marital residence) or all of the issues. Since both sides are presenting their positions that is what makes the divorce contested. There is a section below discussing uncontested vs contested divorce in Virginia on this page if you would like more details.
Reviews By Our Clients
Including Contested Divorce Clients
The Different Types of Divorce in Virginia
There are really only two types of divorces that exist - contested and uncontested. Here is the difference - a Separation Agreement or Property Settlement Agreement. In a nutshell, a Separation Agreement is a document that the parties (the divorcing folks) create and sign to resolve all of the issues in a divorce. Think of it as a contract to end the marriage. It handles everything from real estate to bills to support as well as custody and visitation. I will talk later about Separation Agreements in another post.
An uncontested divorce is one where the parties have entered into an Agreement so that there is nothing really for left for the Court to decide. At the final divorce hearing, the Judge simply enters the Final Divorce Decree and incorporates the terms of the Agreement into that Order. Easy. This is the best route for most people to go because it is faster, cheaper and does not leave the decision to a stranger who does not know anything about you and your family other than the evidence at trial.
A contested divorce means that there is no Agreement. This is one where the Court has to decide everything. If you can avoid this I strongly recommend that you do. It takes control away from you and gives it to the Court. Remember, the Court does not get to hear everything because there are rules of evidence and procedure that may limit what you get to present as well as what the Court can consider. Also, the other side is trying to put their best foot forward to get the best possible results. This can result in you getting less than what you need to survive.
There can be an uncontested divorce without a written Agreement...sort of. It is still technically contested. The parties can come to Court, sign off on the Divorce Decree and leave nothing really for the Court to decide. This does not happen that often and there still may be lengthy procedural hoops that you have to go through to get there.
An uncontested divorce can become contested. Even though there is an Agreement, there are some things that are never "final" in the eyes of Virginia law. Custody, visitation and child support are the main ones. These are never permanent because the Court is always looking out for the best interests of the child. What was good in 2008 may not be good in 2018. Additionally, child support belongs to the child so even if the parties agree on Monday to a support amount they can go back to Court on Friday depending on whether certain factors have been met. Again, a topic for another post.
So this is the nutshell version of Virginia divorces. As Virginia divorce attorneys we have run the gamut of the different types of divorce. As always, this is not designed to be specific to your case as each case is different and should be treated as such. This is NOT legal advice but something to consider when you speak with a divorce lawyer or family law lawyer. It is my belief that providing as much information as possible to our clients before the come in is always the best because a better educated client means that he or she can help us help them.
Why is My Divorce Contested?
Why is your divorce contested? The simple answer is there is not a complete agreement regarding your divorce. That makes it a contested divorce in Virginia. A contested divorce can, and often does, turn into an uncontested divorce. Once emotions settle often an agreement can be reached.
What Happens in a Contested Divorce in Virginia?
A contested divorce in Virginia is a process where married persons are divorcing and cannot agree on what happens. As a result, the Court (a Judge) has to decide for them. To get to that phase, which is the end by the way, the parties have to go through the contested divorce process.
The contested divorce process starts with filing of a Complaint for divorce. The other side files paperwork responding to the Complaint and, if necessary, a response to that is filed. This is now where the process gets tedious. From here there is discovery which consists of Interrogatories, Requests for Production, Requests for Admission and, perhaps, depositions. There are also subpoenas to obtain materials, documents, videos, etc. Also during this time there can be various hearings primarily consisting of Motions. These Motions are matters that the Court needs to decide whether it is temporary or an issue for trial.
The last thing that happens, normally, is the final divorce trial. This is the end to all of process. This is not quite like you see on television or in the movies. It is a trial in front of a judge with witnesses testifying, evidence being introduced, objections being made and argument. The Judge then makes the final determination of whatever issues are left unresolved.
That's it. That what happens in a contested divorce in Virginia. While it may be an oversimplification of the process it provides a good outline. As always, every case is different so I can't post a "one size fits all" explanation of what happens in each and every case. These are general overviews and to find out about your specific situation I strongly recommend that you consult with a competent contested divorce attorney.
What are the Stages of a Divorce (Focusing on Contested Divorce)
The stages in a contested divorce in Virginia are pretty straightforward. That does not mean that they are necessarily quick, fast or easy. I will not mislead you - it can be a lengthy process requiring effort on your part as well. This is because there could be a great number of issues to address, the availability of the lawyers involved, your schedule as well the Court's schedule. Unfortunately that is just the system.
The first stage is filing. A contested divorce action is started in Virginia when a Complaint for Divorce is filed. This is the document that starts the divorce process in Virginia. The Plaintiff is the person who filed the Complaint. That Complaint is served upon the spouse (known as the Defendant) who then has 21 days after being served to file a response. The Answer is typically that document that is filed although there are other types of responses. In the Answer the Defendant responds to the allegations made in Complaint for a contested divorce. Typically the Defendant will also file a Cross Complaint which is the Defendant's version of a Complaint in the divorce process. The Plaintiff will have 21 days after being served to respond.
The next stage of the contested divorce process in Virginia is known as Pretrial Litigation. This is the time when the parties to the divorce exchange and gather information. The process of information gathering is known as discovery. There can also be other motions or hearings filed during this time. This is the process to prepare for trial.
During Pretrial Litigation there can be hearings to decide some pressing issues during the divorce process. This is called a Pendente Lite hearing (pronounced "pen-dent-ay lee-tay"). Think of this as a band aid to address pressing issues such as custody, visitation, bills, support, etc.
The final stage of Virginia's contested divorce process is the trial. This is where the evidence is put before the Court and the Court makes the final determination regarding your divorce. In the overwhelming majority of circumstances this is the final stage in the divorce.
That's it. That's all. Admittedly this is an oversimplification of the divorce process but hopefully it gives you an understanding of the basics of the process. If you have specific questions, please feel free to send us our Consultation Form or call us at 757-454-2110.
How Long Does a Contested Divorce Take in Virginia?
Another common question that we receive from clients or potential clients is how long will a contested divorce take in Virginia. Unfortunately this is another one of those questions that the answer is really it depends. As I stated in the another section on this page, there are 3 stages in the Virginia contested divorce process. This process can be relatively fast or it can be extremely long. The biggest hurdle to giving a deadline are the schedules of the Court and the Judicial Settlement Conference Judge. Some of these schedules can be distant. So I really cannot give a definitive time as to how long your or any contested divorce will take in Virginia as there are just too many variables.
How Much Does a Contested Divorce Cost in Virginia?
We often get asked the cost for a contested divorce in Virginia. It is a fair question. It could be (but should not be) one of the determining factors of whom you hire. You also need to budget, plan and figure out how to pay lawyer's fees and live during the divorce process.
The short answer is that I do not know how much your contested divorce will cost. No one does. There are a variety of factors to consider - the number of issues, the amount of hearings that occur, the cost of discovery and exchanging or obtaining information, the problems or issues that arise, and even the difficulty of the lawyer on the other side. If someone tells you the total cost of your divorce then odds are that person is telling you what you want to hear to get your money. I'm sorry that I cannot give you a better answer than this but it is the truth.
Do I Want An Experienced Divorce Attorney?
The short answer is yes - you do want want an experienced divorce attorney. No two cases are the same. Divorces are more like puzzles and the pieces need to be put together. With experience you get an attorney to help navigate you through the divorce process. Whether it is a contested divorce or an uncontested divorce experience matters.
Contested divorce cases can be tricky and complicated. Whether it is dealing with custody of a child, visitation with your child, managing financial or support matters, addressing and preventing acts of abuse or domestic violence, an experienced divorce attorney can assess your situation, better assist you with your divorce options, and help guide you through the divorce process.
Does It Matter Who Files For Divorce First in Virginia?
Nope. It does not matter at all who files for divorce first in Virginia. Whether it is contested or uncontested there really is no difference regarding who files first. The Courts do not look at what party files first. The order of filing only means who gets to speak first at the divorce trial. Spouses going through a divorce need to focus on their family, support, their spouse (also known as the other party), their child or children, and any step in the process rather than who filed first because that is what the Court is looking at during the case.
We have been reviewed by our peers and the public
for our track record of success and achievement as a contested divorce lawyer in Virginia!
1108 Madison Plaza, Suite 203
Chesapeake, VA 23320
Call or Text Us For A Consultation
Check out our Facebook and YouTube pages!