In general, there are two different types of divorce that a couple that no longer wishes to be married could seek in Virginia: contested and uncontested. Below, we will discuss what constitutes a contested divorce and why it is advisable to hire a divorce attorney to help you navigate through the divorce process.
In a contested divorce, the two parties cannot reach an agreement regarding a part of the separation agreement. A divorce is considered “contested” as long as the two spouses disagree about the terms of a settlement.
For most couples in a contested divorce, the disagreement will be over one of the following points included in the separation agreement. These points include:
Disputes over conditions in the separation agreement are not the only reason a divorce may be contested.
A couple may also have grounds for a contested divorce if the divorce qualifies as fault based. These grounds include:
Each of the grounds for a contested divorce has multiple defenses, so the spouse who is bringing the complaint must be able to demonstrate, with evidence, that the accusations are valid in a court of law.
Every divorce is unique, so there is no set date for when your divorce will be resolved. The length of the divorce will depend on the circumstances of your case, such as the number of disputes over items in the separation agreement. Proving a fault-based divorce can also take time, as evidence must be gathered and presented before a court.
Some contested items in divorces resolve within a few weeks, while others can last for months. In general, the sooner the two spouses can get on the same page, come to an agreement, and resolve their disputes, the sooner the divorce can be finalized. If the two parties cannot agree, the process will take longer since the couple will have to wait for a judge to decide their case.
Divorce is more complicated when it is contested. However, a divorce attorney can make the process smoother and might even expedite your case.
You need an experienced legal professional with extensive knowledge of Virginia divorce law to defend your rights in court and advocate for your interests. If you try to go it alone, you could end up losing marital property or having to pay more than is fair in child support and spousal support. This is especially true if your spouse has retained an attorney.
If you want to ensure your rights are protected, it is highly recommended that you hire a skilled divorce attorney.
The divorce attorneys at Taylor, Taylor & Taylor, Inc. have the necessary experience and resources to protect your parental and property rights in court. Contact us today to discuss your case and evaluate your legal options with one of our compassionate divorce lawyers.