Divorce can be a challenging life experience, even when it is amicable. When partners are unable to agree on issues such as property division, custody, and spousal support, the contested divorce process can be agonizing.
If you are facing a contested divorce, you need the help of an experienced, skilled Bristow contested divorce lawyer to help protect your interest and guide you through the stressful legal process.
At Collins Family Law, our attorneys have been fighting for the rights of our family law clients for over ten years. We have the experience, skills, and resources to build your strongest case and to compassionately guide you through difficult times. We work hard to protect your rights and your priorities.
You can schedule a confidential consultation with Collins Family Law by calling (703) 755-7343 or completing the short consultation request form on our contact page. Please be advised that there is a $300 consultation fee for new clients as part of our intake process.
We will listen to you, answer your questions, and explain your rights. If we represent you, our Bristow contested divorce attorneys will work tirelessly to help you get the best possible resolution to your contested divorce.
Why Choose Collins Family Law When You Need a Bristow Contested Divorce Lawyer?
- At Collins Family Law, recognize that each client and their circumstances are unique. We customize our services to deliver the best possible outcomes for you.
- Our attorneys genuinely care about the well-being of our clients. We walk beside them through one of the most challenging times of their lives and help them move forward by protecting their most precious rights and priorities.
- We have the experience, skills, and resources to deliver a fair outcome for you, even in the most difficult contested divorce issues.
What Is a Contested Divorce?
A contested divorce occurs when the parties can not agree to the terms of their divorce and must prepare for a trial on the disputed issues. The contested issues may be child custody, spousal support, and the distribution of marital property.
The parties will attend a pendente lite hearing early in the divorce proceedings. In this initial hearing, the judge will decide which party gets to live in the marital home, who must pay which bills, child custody, and spousal support while the divorce is pending.
Each party’s attorney will typically conduct discovery to identify evidence necessary to support their case.
The attorneys will likely exchange formal interrogatories, requests for the production of documents, and other pleadings. They may also conduct depositions during the discovery process.
After the discovery process, the case will go before a judge who will make an equitable distribution of the property and determine final child custody and support issues.
How Long Will a Bristow Contested Divorce Take?
The length of time it takes to finalize a Bristow contested divorce depends on several factors. There are generally three stages of a contested divorce.
The first stage is to file a Complaint for Divorce. The person filing the complaint is the plaintiff. That complaint will be served on the other spouse, the defendant, who will have 21 days to file a response to the complaint. If the defendant files a Cross Complaint, the plaintiff will have 21 days to file their response.
The second stage is the Pretrial Litigation stage. This is when discovery is conducted by both sides to exchange and gather information.
The judge will determine pressing issues of temporary custody, support, paying the bills, and who stays in the marital home during the pendente lite hearing. During this stage, there are often other hearings to address motions that may be filed.
The trial is the final stage of the contested divorce. Each party submits evidence to the Court, and the Court makes a final determination of all issues.
The time it takes to complete these stages varies in each case. If both parties cooperate with the discovery process, things will move more quickly.
However, the Court’s schedule is one of the biggest determining factors for how long a contested divorce will take.
How Will Property Be Divided in a Contested Divorce?
Virginia is an equitable distribution state. In most cases, the assets and debts of the parties are equally distributed. However, the court has the discretion to decide what is equitable in each case.
Pursuant to the Virginia Code § 20-107.3, the judge may consider the following when determining what would be an equitable distribution of the assets and liabilities:
- The monetary and non-monetary contributions of each party to the well-being of the family.
- The contributions of each party in the acquisition, care, and maintenance of the marital property.
- The duration of the marriage.
- The ages and physical and mental condition of the parties.
- The factors and circumstances which contributed to the dissolution of the marriage.
- How and when specific items of marital property were acquired.
- The debts and liabilities of each spouse, the basis for them, and the property that may serve as security for them.
- The liquid or non-liquid character of all marital property.
- Tax consequences to each party.
- The use or expenditure of marital property by either party for a nonmarital separate purpose or the dissipation of such funds when done in anticipation of divorce or separation or after the last separation of the parties.
- Other factors the court finds necessary or appropriate to consider to arrive at a fair and equitable monetary award.
The discovery process is instrumental in identifying all marital assets and liabilities and the factors surrounding them. At Collins Family Law, our attorneys conduct a thorough investigation to ensure all assets and debts are accounted for and to protect your best interest concerning them.
Why You Need a Bristow Contested Divorce Lawyer
- An experienced Bristow contested divorce lawyer will help protect your rights and your top priorities.
- Contested divorces can be overwhelming and stressful. You need an experienced attorney to be a calm, pillar of strength who helps you navigate the complex legal process.
- A Bristow contested divorce attorney will know how to investigate and identify all assets and liabilities and highlight your contributions to the marriage so you receive an equitable distribution of property.
- You will almost always have a much better outcome when you are represented by an experienced contested divorce lawyer.
Contact Our Bristow Contested Divorce Lawyers Today
A contested divorce is hard, but Collins Family Law will compassionately guide you through this challenging time. Our Bristow contested divorce lawyers will protect your rights and help you get the best possible outcome for your circumstances.
To schedule a confidential consultation, call (703) 755-7343 or complete the short consultation request form on our contact page.