Virginia Beach Contested Divorce Attorneys Ready to Litigate
Virginia attorneys prepare for court proceedings when agreement can’t be reached
At Ernest Law Group, PLC, our Virginia beach contested divorce lawyers seek amicable settlements to save our clients time, emotional turmoil and money. However, sometimes the issues are complex, and the parties have good faith disagreements. In other cases, the opposing party is being unreasonable and forcing our client’s hand. Either way, you can rely on our litigation skills to pursue the best possible terms for your divorce decree.
Issues that often cause a divorce to be contested
Spouses most often have disagreement over these issues:
- Child custody and support — Parents are emotionally invested in their relationships with their children and want to play a role in their upbringing.
- Alimony — There can be disputes over whether a spouse should receive financial assistance and in what amount.
- Asset division — Each spouse is entitled to a fair share of the marital estate, but what seems fair to one may appear unfair to the other.
- Debt — Marital debt, like property, is subject to equitable distribution. However, spouses have been known to rack up secret debt, which complicates the process.
Your Virginia Beach divorce lawyer should attempt to settle as many issues as possible, reserving only the most intractable for trial.
Preparing for a contested divorce
No two divorces are alike. In some cases, the couple can discuss issues and come up with a plan before either one files for divorce. But in other cases, there is deep mistrust that makes negotiations unproductive. In such cases, the spouse initiating a divorce should meet with an experienced lawyer who can suggest an appropriate strategy based on the circumstances.
The contested divorce process in Virginia
The following are the basic steps in obtaining a contested divorce:
- File for divorce — A divorce petition asks the court to dissolve the marriage on stated grounds.
- Arrange service of process on the other spouse — The other spouse receives a copy of the petition and a summons to appear in court.
- Wait for the spouse’s answer — The respondent spouse has the option of filing an answer to the petition and making alternative demands.
- Participate in discovery — The parties must present financial statements and can present interrogatories and demands for production of documents. Your attorney might also depose potential trial witnesses.
- Seek a settlement — Judges will ask the parties to confer to try to reach a negotiated settlement, thereby achieving an uncontested divorce. The parties may consider mediation.
- Proceed to trial — If the parties have not reached a complete agreement on all issues, the outstanding issues must be heard in court.
Our team provides frequent guidance through every step of the divorce process.
How long can a spouse drag out a divorce in Virginia?
Going to trial adds to the length of a divorce. However, judges have little patience for vindictive litigation and may exercise control over one party’s unreasonable attempts to prolong proceedings.
Avoiding a contested divorce in Virginia
Spouses usually want to avoid a contested divorce in order to save time and costs. Contested divorces involve pretrial discovery and depositions, court appearances and expert witnesses, all of which increase costs and attorneys’ fees. Among the methods of avoiding a contested divorce are mediation, in which a neutral mediator helps you and your spouse reach agreements, and collaborative divorce, in which the parties and their attorneys commit to resolving issues without going to trial. The outcome of either process is a settlement agreement that the court can adopt as part of an uncontested divorce.
Contact our skilled Virginia trial lawyers for your contest divorce
At Ernest Law Group, PLC, in Virginia Beach, we represent spouses in contested divorces throughout Virginia. Call us at 757-289-2499 or contact us online to schedule a consultation with a qualified family law attorney.
