Contested Divorce in Virginia: Understanding the Process and Pitfalls

Key Takeaways:

• A contested divorce in Virginia involves more than just paperwork. It often includes court hearings, lengthy negotiations, and the involvement of attorneys.
• It can take over a year or longer to finalize due to legal complexities.
• The most common areas of disagreement in contested divorces include child custody, spousal support, property division, and visitation rights.
• Legal representation is crucial in such cases, as the complexity of Virginia's divorce laws can be overwhelming for those without legal training.

Let’s break down the key steps and issues involved in a contested divorce in Virginia.

Step 1: Filing for Divorce

The first step in any divorce is filing. In Virginia, one spouse, called the “plaintiff,” initiates the process by filing a “Complaint for Divorce.” This document outlines the reasons for the divorce, which in contested cases often include grounds such as adultery, cruelty, abandonment, or felony conviction.

Virginia law requires that at least one of the spouses has lived in the state for six months prior to filing. Additionally, there are “fault-based” and “no-fault” grounds. Contested divorces typically fall under fault-based grounds because the parties often dispute the reason for separation.

Step 2: Service of the Complaint

After the complaint is filed, it must be served to the other spouse, known as the “defendant.” In some cases, this step itself can be contested if the defendant avoids being served or disputes the legality of the complaint.

Step 3: Response from the Defendant

Once served, the defendant has 21 days to respond. They may agree with the claims, or more likely in a contested divorce, they will file an “Answer” challenging the allegations or terms presented by the plaintiff. If they fail to respond, the court may grant a default judgment, but this is rare in contested cases.

Step 4: Discovery Phase

This is where things get complicated. Both parties gather and exchange evidence, which may include financial statements, witness testimonies, or other documents relevant to the case. During this phase, attorneys work hard to support their clients' positions on issues such as asset division, child custody, and support payments.

It is common to use subpoenas to obtain crucial information. If either party hides assets or withholds information, it can lead to legal repercussions and complicate the divorce further.

Step 5: Mediation and Negotiation

Before heading to trial, Virginia courts may require mediation. During mediation, both spouses, along with their attorneys, work with a neutral third party to try to reach an agreement. While mediation can be a faster, less expensive option, it often fails in highly contested cases where emotions run high, and both parties are unwilling to compromise.

Step 6: Trial

If mediation and negotiation fail, the case proceeds to trial. A judge hears both sides, examines evidence, and makes rulings on disputed issues. A trial can be a lengthy and expensive process, often taking months or even years. However, it may be the only way to resolve complex disputes.

Key Areas of Contention

• Child Custody and Visitation: In many contested divorces, the battle for child custody is the most emotional and difficult issue. Virginia courts determine custody based on the "best interest of the child," considering factors such as the relationship with each parent, the child’s needs, and any history of abuse or neglect.

• Spousal Support: Also known as alimony, spousal support is often another point of contention. In Virginia, spousal support may be temporary, permanent, or rehabilitative, depending on the length of the marriage and the financial circumstances of each spouse.

• Division of Property: Virginia is an "equitable distribution" state, meaning property is divided fairly, though not necessarily equally. Courts consider the contributions of each spouse to the marriage, both financial and non-financial, as well as any misconduct that led to the breakdown of the marriage.

Costs of a Contested Divorce

Contested divorces are far more expensive than uncontested ones due to the extensive legal fees, court costs, and time involved. According to recent surveys, the average cost of a contested divorce in Virginia ranges from $15,000 to $25,000, with more complex cases costing even more.

Factors Affecting the Duration and Complexity

Several factors influence the duration and complexity of a contested divorce, including:

• Number of contested issues: The more disagreements, the longer the process.
• Financial complexity: Divorces involving businesses, investments, or hidden assets take longer.
• Emotional factors: High-conflict divorces driven by strong emotions, such as anger or betrayal, often take more time to resolve.

Avoiding Common Pitfalls

• Lack of preparation: Failing to gather necessary documents or not understanding the legal process can lead to delays and unfavorable outcomes.
• Emotional decision-making: Allowing anger or spite to dictate your decisions can lead to costly mistakes.
• Inadequate legal representation: Attempting to navigate a contested divorce without an experienced attorney is risky and can lead to significant financial and personal losses.

Final Thoughts

Contested divorces in Virginia are complex and stressful, but understanding the process can help you navigate it more effectively. Working with an experienced attorney, gathering the necessary information, and maintaining a level-headed approach are crucial to achieving the best possible outcome. While a contested divorce may not be quick or inexpensive, preparation and patience can go a long way toward securing a fair resolution.