Foremost, people seek a divorce for varies reasons and based on their reasons, there are two ways to approach a divorce matter. Virginia has “no-fault” and “fault” divorces. In a no-fault divorce, you must live separate from your spouse without any interruptions for six months; however, if you have minor children involved, you must live apart from your spouses for one year. In a “no-fault” divorce, all major issues concerning custody, visitation, equitable division of property, spousal and child support are entered into a separation agreement between the parties.
Virginia also has “fault” divorces that includes adultery, desertion or abandonment, cruelty, and if a spouse has been convicted of a felony. To argue these defenses some evidence is required, and it is recommended that you seek legal presentation to pursue any of the fault divorces. The potential for challenges in a contested divorce is exactly why it is so important to have an experienced attorney representing any divorce case when the court may be very accommodating.
Contested Divorce Complications
Many contested divorces come with extenuating circumstances. Regardless of which spouse is filing for the divorce, any issue discussed in open court can become part of the official record. Contested divorces also often have elements of potential unequal financial distribution of marital property, which can be an underlying reason for many divorces. It is important to keep a record of any evidence that may pertain to your case.
One of the best methods of resolving a contested divorce is by using mediation. Most state courts encourage using divorce mediation for a variety of reasons, including agreement on specific issues that are better left private. Mediation is an informal process that is not recorded, and a platform for allowing each spouse to provide detailed explanations of what they want in the case. Attorneys for each side can provide legal input with respect to how the family court judge will rule and help craft an agreement that can be acceptable to both sides. These negotiations are all done in private with the final agreement being the only document presented for dissolution approval to the judge.
Regardless of the issues that lead to divorce, it is always best to have experienced legal professional assistance like the one you will find at FIDE Law in Fredericksburg.