Winchester Contested Divorce Lawyers

Guiding Clients Through the Process of Contested Divorce in Virginia

In an ideal divorce situation, both parties agree to part ways without dispute over property, child custody, or grounds for divorce. However, in reality, most divorce cases are not that simple.

In Virginia, a contested divorce is a case where the court will have to decide on matters that you and your spouse cannot come to an agreement upon. 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.

In a contested divorce, the judge may have to decide on certain matters such as:

• Child and spousal support
• Child custody (legal and physical)
• Property division
• Alimony
• Attorney fees
• Financial settlement

To help protect your rights and interests in a contested divorce in Virginia, seek the representation of a Winchester family law attorney from Amable Law. We are experienced and dedicated to providing the personal attention our clients need.

Going through contested divorce in Virginia? Contact our attorney today at (540) 739-2001 to get started with your case!

The Process of Contested Divorce in Virginia

If you have decided on filing for divorce, you must first determine the jurisdiction of your divorce. If you have been living consistently in Virginia in the last six months, you may be eligible to file your divorce in the state.

The next steps are as follow:

• File a complaint and notify your spouse by sending him/her a copy.
• Your spouse files an answer by either admitting or denying the claims and possibly raising defenses and counterclaims.
• Discussion of various issues through the separation agreement known as the discovery process.

How Long Does Contested Divorce Take in Virginia?

On average, a contested divorce can take anywhere between a six to eighteen months to complete. Contested divorce begins to stretch out into vast amounts of time as you and your spouse can contest each other’s claims over and over and not be able to agree. Temporary orders, such as for child support, are heard and decided on by the court.

When counterclaims, depositions, and mediation are unable to solve the disagreements, your and your spouse may request a court date to go over disputed issues. Depending on how busy the court is, this can take six to eight months before the disputed issues go to court and then after the court date, you may have to wait even longer as the judge reviews evidence and testimonials to make a decision and create a written decree.