In many divorce cases, the spouses cannot reach an agreement on matters such as how they will divide property or who their shared children will live with. This is considered a contested divorce, and it often requires the court’s intervention.
If you are navigating a divorce in which you and your spouse are at odds, understanding the Newport News contested divorce process and how the courts handle these cases can help you anticipate what might come next.
What Is a Contested Divorce in Virginia?
A contested divorce occurs when the married spouses in a divorce cannot agree on issues like child custody, property division, or any other matters in the divorce. Instead, a judge decides these matters for them.
Divorce involves separating one’s life from someone with whom they have likely combined assets and may share children with. Determining how the two spouses will cleanly separate from each other, share custody of their children, and divide their assets can be challenging.
An attorney might suggest alternative dispute resolution strategies, such as mediation, to help divorcing couples reach a resolution on their own. If these efforts are unsuccessful, the court may need to intervene.
How the Courts Handle a Contested Divorce
Going to court for a Newport News contested divorce may sound intimidating, but your divorce attorney will be with you during every step of the process. Here is how the Newport News courts handle a contested divorce.
Filing the Complaint for Divorce
Your first step is to file an official Complaint for Divorce with the Newport News Circuit Court. This Complaint includes your grounds for divorce.
In Virginia, legal grounds include adultery, felony conviction, and cruelty or abandonment. You can also seek a no-fault divorce if you and your spouse first live separately from each other for one year. Once you file the Complaint, your spouse will respond to it, initiating the divorce process.
The Discovery Period
The next step in a Newport News contested divorce is a discovery period in which both sides collect information and evidence to support their argument. This period can include requests for production, requests for admission, interrogatories, depositions, and subpoenas by the court. Your attorney will handle much of this process.
The Divorce Trial
Once both sides have collected information, they will present their cases in court in front of a judge. Your attorney will share your argument and introduce evidence to support it; your spouse’s legal counsel will do the same. The judge will consider the information put forth to make a determination on issues like child custody and property division in accordance with Virginia divorce law.
The Judge’s Final Determination
Finally, the judge will make an official determination regarding the divorce. This is generally the last step in the contested divorce process; after this stage, the divorce can be finalized. Appeals are not common in divorce trials, but this may be an option if you believe the judge made a legal error or abused their discretion.
The entire process can take several months or over a year from beginning to end. Divorce cases that involve minor children, high-value assets, or complex property might take longer. The duration also depends on the court’s schedule.
Seek Assistance With Your Newport News Contested Divorce Process
If you and your spouse disagree on key issues in your divorce, retaining your own attorney may be an important step in protecting your rights and interests. Your attorney will guide you through the court process, help you collect evidence, and represent you in front of a judge.
Holcomb Law, P.C., has extensive experience representing clients through the Newport News contested divorce and settlement process. Request a legal consultation today by calling 757-LAWYERS.
