Practice Area
Contested Divorce
Understanding Contested Divorce in Virginia
In Virginia, a contested divorce is needed when couples can’t agree to the terms of the divorce and must go before a court to resolve them. During the trial, the judge will listen to both parties and make an informed decision on each issue. A contested divorce can even last several months to over a year.
Some issues a judge may have to decide include:
- Child custody
- Child and spousal support
- Custody and visitation
- Division of property owned
Grounds For a Contested Divorce in Virginia
In Virginia, there are two types of grounds for divorce: no-fault divorce and fault divorce.
No Fault Divorce:
A no-fault divorce is when neither spouse has committed any wrongdoing.
Fault Divorce:
A fault divorce is where one spouse has committed an act that justifies the dissolution of the marriage. These allegations can include:
- Committing Adultery
- Cruelty
- Felony Conviction
- Abandonment of Marriage
A contested divorce is also necessary if you think that your spouse is hiding income or assets or if your spouse is not properly valuing marital property in the process of dividing it.
What if I don’t know how much money there is?
If you are not certain about the financial resources of the other party, and you have any suspicion they may be significant, you generally should pursue a contested divorce. There are many mechanisms in a contested process to find property and assess its value. You cannot agree to divide assets if you do not know if they exist.
What is the Process of a Contested Divorce in Virginia?
Some matters can actually be resolved in the Juvenile and Domestic Relations Court, and Slovensky Law can help you determine if that should be part of your strategy.
Normally, the judge will also issue an “injunction” which is a court order requiring both parties not to move any property from the marriage. In the meantime, the parties use legal procedures to gather evidence for the final divorce hearing. Generally, the final hearing is held after the parties have been separated for a full year. In that hearing, the judge will determine if a fault ground has been proven, how to divide marital property, the amount of child and/or spousal support, and custody of any minor children.
Who will pay the attorney?
In divorce proceedings, the Court can order one party to pay the other parties’ attorneys fees. The Courts are more inclined to order one party to pay the some or all of the other parties’ attorneys fees where one party makes significantly more money than the other party or where one party is going overboard or acting unfairly in the litigation process.
While Slovensky Law PLLC always requires upfront payments for contested divorces, we will ask for attorneys fees to be paid by the other party in appropriate cases.
We know that going through a divorce is a daunting and emotionally exhausting process. When you first start working with us, we go through a in-depth case analysis and legal counseling session to identify legal strategies for your case and give you the resources to follow-through with the strategies.
We will identify your main priorities, and identify the areas where we can make the biggest difference in your case. Sometimes this means gathering evidence to prove the earning capacity of your spouse, or marshalling evidence to find hidden assets. In appropriate cases, work with experts in the fields of psychiatry, accounting, career and financial planning, or even private investigators to help the judge understand your case.
We can also help you in the ethical gathering of evidence from digital sources, such as cell phones. We have a compassionate support team that will work with throughout the process to get the best outcome for your case.
Frequently Asked Questions About Contested Divorce
What is a contested divorce in Virginia?
A contested divorce occurs when spouses cannot reach an agreement on one or more terms of their divorce, requiring a judge to make decisions on their behalf.
What are the grounds for a contested divorce in Virginia?
Virginia recognizes both no-fault and fault-based grounds for divorce. Fault-based grounds include adultery, cruelty, felony conviction, and abandonment.
How long does a contested divorce take in Virginia?
The duration varies but can range from several months to over a year, depending on the complexity of the issues and court schedules.
What issues are typically decided in a contested divorce?
Common issues include child custody and visitation, child and spousal support, and division of marital property.
What is the process for a contested divorce in Virginia?
The process generally involves filing a complaint, the spouse filing an answer, a pendente lite hearing for temporary orders, a discovery phase, the trial, and finally, the issuance of a divorce order.
What is a pendente lite hearing?
This is a preliminary hearing where the judge issues temporary orders regarding custody, support, and other matters to maintain stability until the final hearing.
What is the discovery process in a contested divorce?
Discovery is the phase where both parties gather evidence through methods like interrogatories, depositions, subpoenas, and requests for document production to prepare for trial.
Can I get a contested divorce if I don't know my spouse's financial situation?
Yes, the discovery process allows you to uncover information about your spouse’s income and assets, ensuring a fair division of property.
Do I need an attorney for a contested divorce in Virginia?
While not legally required, having an experienced attorney can help protect your rights and navigate the complex legal proceedings involved in a contested divorce.
How can I prepare for a contested divorce?
Gather relevant documents, understand your financial situation, consider your goals regarding custody and property division, and consult with a qualified divorce attorney to develop a strategy.
How is property divided in a contested divorce in Virginia?
In Virginia, a divorce judge is tasked with dividing marital property “fairly” or “equitably”- often called “equitable distribution”. This may or may not be a 50-50 split, but often can be. A number of different factors can complicate this division, such as contributions made before and after the marriage, extreme levels of fault by one part or the other, or tax consequences.
What factors does the court consider when deciding child custody in a contested divorce?
When determining child custody, Court will consider a number of factors related to the children, in determining the children’s “best interests”, including the mental and physical fitness of the parents and the children, the ability to work with the other parent and encourage a relationship and practical factors, like the child’s school schedule, among other factors.
How is spousal support determined in a contested divorce?
Virginia judges consider multiple different factors including the difference in incomes of the parties, the length of the marriage, and the earning capacity of both spouses, in addition to other factors when determining spousal support.
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