A contested divorce is one in which the spouses cannot agree on the terms of issues such as the grounds for divorce, child custody and visitation, spousal or child support, and property division. When parties do not agree on these terms, the court will decide these issues via a contested divorce proceeding. These issues are among the most important concerns in most people’s lives. How they are decided will have a profound impact on the lives of both parties and their children, if they have them. You will need to convince the court, with strong evidence, why your way of resolving the divorce issues is best for all parties involved. Your spouse will try to do the same. With so much at stake, it is essential that you have an experienced, skilled Gainesville contested divorce lawyer fighting for you.
The contested divorce lawyers at Collins Family Law have over ten years of experience protecting the rights of their clients and helping them prove their claims to the court. We fight tirelessly to build your strongest case and help protect your rights. To schedule a confidential consultation with us, please call (703) 755-7343 or visit our contact page and complete the brief consultation request form. Please be advised that there is a $300 consultation fee for new clients as part of our intake process.
Why Choose Collins Family Law For Your Contested Divorce Case?
- Experience: Our attorneys have extensive combined experience protecting the rights of contested divorce clients and helping them resolve complicated issues favorably.
- Integrity: We will give you an honest assessment of the strengths and weaknesses of your case and advise you on what we believe are your best options.
- Unmatched preparation and work ethic: We work tirelessly to achieve the best possible results by preparing your strongest case.
- Empathy: Our Gainesville contested divorce attorneys understand that you are walking through one of the most challenging experiences of your life. We want to guide you through it and help you move forward with your life by protecting your interests and achieving a great resolution for you.
What Are Grounds for a Gainesville Contested Divorce?
A spouse may file a no-fault divorce in Virginia. The filing spouse must still give a reason for why the divorce should be granted, but it could be as general as “irreconcilable differences” or an “irretrievable breakdown of the marriage.”
Fault divorces are usually much more complex and can be much more emotionally taxing for the parties. Many contested divorces involve allegations of fault.
Grounds for a fault-based divorce include:
- Adultery.
- Desertion or abandonment when a spouse has been absent for a year or more with no intent of reconciling.
- Cruelty may be alleged as either physical or mental abuse that puts one in danger.
- A felony conviction of a spouse who receives a prison sentence longer than one year.
The spouse filing for a fault-based divorce must prove the necessary elements of the grounds alleged by clear and convincing evidence. A fault-based divorce may have a significant impact on determining spousal support.
How is Spousal Support Determined?
First, a party must be eligible to receive spousal support. The court will determine whether a party is eligible by looking at the facts and circumstances of the reasons for the dissolution of the marriage.
For example, if one party committed adultery, which led to the dissolution of the marriage, they would often be barred from receiving spousal support.
If the party requesting spousal support is not barred from receiving it, the court will determine the amount and duration of support that should be awarded. To make this determination, the judge considers factors outlined in Virginia Code §20-107.1. These include:
- The obligations, needs, and financial resources of the parties.
- The standard of living that was established during the marriage.
- The duration of the marriage.
- The age and physical and mental conditions of the parties.
- The extent to which the party’s age and condition of the party would prevent them from seeking employment.
- The contributions of each party to the well-being of the family.
- The property interests of the parties.
- The division of the marital property.
- The earning capacity of the parties.
- The opportunity for, the ability of, and the time and costs involved for a party to acquire the appropriate education to obtain the skills needed to enhance their earning capacity.
- The parties’ decisions regarding employment, career, economics, education, and parenting during the marriage and their effect on present and future earning potential.
- The extent to which either party has contributed to the attainment of the other party’s education, training, career position, or profession.
- Other factors include the tax consequences to each party and the circumstances and factors that contributed to the dissolution, specifically including any grounds for divorce.
What Will a Contested Divorce Lawyer Attorney Do?
An experienced contested divorce lawyer in Gainesville, Virginia, will evaluate your case and advise you of your options and possible outcomes. They will work to identify and collect strong evidence to support your claims.
Contested divorces are often stressful. Having your attorney handle the numerous necessary details of your divorce proceeding can be a great relief. When matters become heated, your attorney will serve as a calm, level-headed advisor supporting your best interest.
An experienced contested divorce lawyer knows all the laws that apply to your case and will use that knowledge and experience to your best advantage.
Contact a Gainesville Contested Divorce Lawyer Today
If you are facing a contested divorce, you need the best advice and guidance you can get. The determinations made by the court will have lasting implications for your entire family. Be sure your rights are protected. Schedule a confidential consultation with our Gainesville contested divorce lawyers by calling (703) 755-7343 or visit our contact page and complete the brief consultation request form.