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1108 Madison Plaza, Suite 203
Chesapeake, VA 23320
Contested Divorce Lawyer In Chesapeake, Virginia
Contested divorce lawyer in Chesapeake, 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.
Brian is available to you; he is an award winning attorney in family law / divorce / custody / civil law and is available for a consultation about your legal matter
Table of Contents
Types of Divorces in Chesapeake, Virginia
There are really only two types of divorces that divorce lawyers in Virginia handle - 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.
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We charge $100 for a consultation fee for a reason. You get a 30 minute consultation with a lawyer about your case. You get one-on-one time with a licensed, experienced, award-winning attorney who will answer your questions to the best of his abilities. If you have documents to review, he will review them for you as well. The consultation fee is not only far less than other attorneys charge for the same amount of time, but the fee is then applied towards your fees if you elect to retain us. How do we apply it? We will give you a $300 credit towards your fees. We hope that these incentives will let you give us an opportunity to talk with you about your situation.
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Chesapeake Circuit and General District Courts
Contested Divorce Lawyer in Chesapeake, Virginia
Our office is conveniently located in Chesapeake, Virginia. We are not far from Interstate 64 and accessible from all directions. Having this close proximity to the Chesapeake Courthouse allows us the advantage of being quickly available to appear in Court in Chesapeake.
Having practiced law in Virginia since 1998, Brian has had the opportunity to appear in all of the Courts in Chesapeake, Virginia. While we don't keep count of this, it is no exaggeration to state that we have handled dozens if not hundreds of divorce cases in Chesapeake alone. Whether it is in Juvenile & Domestic Relations Court, General District Court or Circuit Court, Brian has appeared before the Judges in the Courts and offers this perspective for our clients. For over twenty years, Brian has argued and tried cases involving child custody, visitation, accidents and injuries, divorces, support, traffic tickets, various criminal matters and many other matters. We believe that this experience brings an advantage to you in your case.
Chesapeake Juvenile & Domestic Relation Court
Useful Chesapeake Links
We have put together some useful links if you want to learn more or explore Chesapeake. There are also links if you live in Chesapeake and need some assistance or guidance. We hope these help.