What Is a Contested Divorce in Virginia?
A contested divorce happens when spouses cannot agree on one or more issues in their divorce. These issues involve:
- Child custody and visitation
- Division of marital property
- Spousal support (alimony)
- Grounds for divorce
Unlike an uncontested divorce, which can be resolved through an agreement between the parties, a contested divorce often requires litigation in court. Contested divorces frequently involve increased legal preparation, negotiation, engaging in gathering evidence through discovery, the potential need for witnesses, depositions, subpoenas, litigation, and other legal services.
Virginia Grounds for Divorce
Virginia law recognizes both fault-based and no-fault grounds for divorce under Va. Code § 20-91.
Fault-Based Grounds
- Adultery
- Cruelty or bodily harm
- Abandonment or desertion
- Felony conviction with imprisonment for over one year
No-Fault Grounds
- Separation for at least one year, or
- Six months if there are no minor children and a signed separation agreement
The Contested Divorce Process in Virginia
Here’s what you can expect when filing for a contested divorce.
- Filing – A contested divorce formally begins when one spouse files a Complaint for Divorce in the Virginia Circuit Court. Your spouse is served with the complaint and then can file an Answer disputing or agreeing to your claims.
- Evidence Gathering – This is where we begin building your case. With over 30 years of experience in Virginia family law, we know how to build compelling arguments with evidence.
- Motions & Hearings – If there are specific issues that need immediate attention, such as temporary orders for child support, child custody, use of the marital home, or preventing the dissipation of assets, we will represent you in all motions and hearings.
- Trial – If you and your spouse cannot come to a settlement agreement, our team is ready to litigate for your interests in court.
- Final Decree – After trial or settlement, the judge will issue a final divorce decree outlining all decisions concerning property division, child support, child custody & visitation, and other matters.
Key Issues in Contested Divorces
- Property Division – Virginia is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally. It is important to discuss this with a lawyer, so you do not miss out on anything you are legally entitled to.
- Child Custody & Support – Virginia courts prioritize the best interests of the child. Let an attorney walk you through how child support numbers are calculated, and talk about what documents and evidence you should prepare for your child custody arguments.
- Spousal Support – In Virginia, spousal support is not always awarded in every divorce. It is determined by the court after reviewing factors such as the financial needs of one spouse and the other spouse’s ability to pay. Consult with one of our experienced family law attorneys to understand how spousal support applies to your situation.
How Long Does a Contested Divorce Take in Virginia?
Contested divorces can take anywhere between 6 months to over a year to finalize. The contested divorce timeline is impacted by the complexity of the issues in your case, your spouse’s willingness to cooperate, and court availability.
Why Hire a Virginia Divorce Attorney?
Contested divorces are complex and emotionally draining. Our experienced attorneys will:
- Explain your rights under Virginia law
- Protect your financial interests
- Advocate for your parenting rights
- Represent you in negotiations and court
Take The First Step. Schedule a Consultation.
At Virginia Family Law Center, we believe everyone deserves client-centered customer service and zealous advocacy. If your marriage is on the path to divorce, call us today at 703.865.5839 to schedule a free “Get To Know You” call with our Client Intake Specialist.
Virginia Contested Divorce FAQs
Q: What does contested divorce mean in Virginia?
A: It means you and your spouse cannot agree on one or more issues involving child support, spousal support, child custody and visitation, property division, and require court involvement.
Q: How much does a contested divorce cost in Virginia?
A: Estimated costs vary but typically range from $14,000 to $30,000 or more depending on the complexity of the case and trial. This article on our website goes into more detail about what to expect financially.
Q: Can a contested divorce be settled?
A: Yes! It is common for a contested divorce to eventually settle before trial, sometimes even minutes before the trial begins!
