Negotiate a fair and equitable arrangement with the help of our compassionate family law attorneys. We will guide you every step of the way.
This guide will teach you how to identify and avoid the ten most common mistakes people make in a divorce.
Whether you are facing a contested or uncontested divorce, our team can make sure you understand your rights and options at every step of the process. We pride ourselves on making sure clients understand their choices so they can make an informed decision about how to proceed with their case.
We frame every case in terms of what the court would do, so that clients understand their range of potential outcomes and can help minimize risk.
For any divorce case in Virginia, one party has to have been a resident for at least 6 months prior to filing the case. If the other spouse has no connection to Virginia, the court may not have jurisdiction to determine any property or support issues between the parties.
Contested cases can be contested for a number of reasons. First, the grounds for the divorce may not be agreed. Fault-based grounds for divorce in Virginia include cruelty, desertion/abandonment, adultery, or a felony conviction that results in incarceration of at least one year.
Next, even if the grounds for the divorce are not contested, any number of issues may be disputed between the parties, requiring a contested hearing. Among the issues are financial division of both assets and debts, custody and visitation of minor children, and support issues.
A contested case is initiated by filing a Complaint for Divorce and serving the other side with notice and an opportunity to file a response. In some cases, an initial temporary motion called a pendente lite motion may be necessary to get a temporary ruling in place while the parties wait for trial.
During a contested case, the parties can engage in discovery, which is the process of requesting and exchanging financial documents and other requests regarding the evidence to be presented at trial. Both parties are entitled to a disclosure from one another regarding their finances and any other evidence they intend to introduce to the court.
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