A contested divorce is one in which the parties do not agree on the terms of the divorce. Usually, the parties disagree about child custody, spousal support,distribution of property . A contested divorce usually starts with one of the parties filing a “complaint” for divorce and serving it on the other spouse through a sheriff’s deputy or private process server.

What Happens in a Contested Divorce

During the course of the contested divorce the parties will attend a pendente lite hearing. This is usually the first hearing where the Judge sets custody, support, who gets to live in the house, and who has to pay the bills. After the pendente lite hearing, the parties typically go through a discovery process where the attorneys learn about the other side's assets and financial position. The contested divorce usually ends with an "equitable distribution" hearing where the Judge determines how to divide the property, child custody, and spousal support on a permanent basis. After a final divorce decree is entered, the parties can sue to enforce the final decree if the other party is not complying with its terms.

Contested divorces are very difficult for both parties involved and their children. They typically take up to year or more to complete and require several hearings. If you find yourself in a situation where you need representation in a contested divorce our attorneys have the experience and compassion to help you through this difficult time.

What Are the Grounds for Divorce in Virginia?

A final or absolute divorce in Virginia, also know as Divorce from the Bonds of Matrimony ("Divorce a Vinculo Matrimonii"), may be based on any of the following six grounds:

1) SEPARATE AND APART FOR ONE YEAR: This is the most common ground for divorce. It is often referred to as a "no fault" divorce. It means that the wife and husband have been continuously living apart, without cohabitation at any time, for at least one year.

2) ADULTERY: The adultery must have occurred within the past five years. You must not have continued to live with your spouse after you found out about the adultery. Adultery is difficult to prove in court.

3) CONVICTION OF A FELONY: The conviction must have resulted in confinement in a state or federal penitentiary for more than one year.

4) DESERTION PLUS ONE YEAR SEPARATION: One spouse left the home without a good reason and did not intend to return, and the husband and wife have been separated for at least one year. Leaving a marriage because of abuse does not constitute desertion.

5) CRUELTY PLUS ONE YEAR SEPARATION: One party abused the other physically, emotionally, or mentally and the husband and wife have not lived together for at least one year.

6) SEPARATE AND APART FOR SIX MONTHS: This ground can only be used if there are no children of the marriage under 18 and the parties have entered into a written property settlement agreement.

* For any of these grounds, you or your spouse must have lived in Virginia for six months before you can file for a divorce in Virginia.