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A contested divorce occurs when spouses cannot reach an agreement on one or more critical issues, requiring court intervention to resolve disputes. This process typically involves multiple legal steps, including filing a complaint, exchanging financial disclosures, attending mediation, and possibly going to trial. Because contested divorces can be lengthy and complex, legal representation is often essential to ensure a fair outcome.

Key Issues in Contested Divorces

• Property Division: Virginia follows the principle of equitable distribution, meaning assets and debts are divided fairly but not necessarily equally. The court considers factors such as each spouse's contributions, economic circumstances, and the nature of the assets. Property may include real estate (e.g., the marital home) and tangible assets such as investment accounts, retirement funds, and personal property. Understanding what constitutes marital property is essential in determining an equitable division.
• Spousal Support (Alimony): Courts may grant spousal support based on factors like the length of the marriage, each spouse’s financial resources, earning capacity, and the standard of living established during the marriage. Support may be temporary or permanent, depending on the circumstances.
• Child Custody and Support: Custody decisions are based on the best interests of the child, considering factors such as each parent’s role in caregiving, stability, and the child’s emotional and developmental needs. Even when parents share custody, one may still be required to pay child support, determined by income levels and time spent with the child.

Impact of Marital Misconduct

Certain fault-based grounds, such as adultery, cruelty, felony conviction, and desertion, can influence divorce proceedings in Virginia:

• Spousal Support: A spouse found guilty of adultery may be denied alimony unless doing so would result in financial hardship for the other party.
• Child Custody and Visitation: If a spouse has a history of abuse, substance addiction, or criminal behavior, the court may limit or deny custody and visitation rights to protect the child’s well-being.
• Division of Assets and Debts: While Virginia is an equitable distribution state, marital misconduct may affect how assets and debts are divided, particularly if one spouse’s actions led to significant financial loss.
• Attorney Fees: Courts may order one spouse to pay the other’s legal fees if there is evidence of bad faith, financial disparity, or other justifiable reasons.

Conclusion

Contested divorces in Virginia involve complex legal processes and require careful consideration of property, finances, and custody arrangements. Understanding state-specific laws and seeking experienced legal counsel can help protect your rights and navigate these challenges effectively.

Contact us to speak with our team about your legal situation. Jennifer Peterson is available to assist clients throughout Chesapeake, Virginia Beach, and Norfolk, VA.