Uncontested vs. Contested Divorce
Divorce does not always have to be a heated battle in court. When separating couples are able to collaborate and work together toward a mutually acceptable separation agreement, the divorce process can be made considerably easier. If you are in the early stages of divorce, our firm can help guide you through the process of separation and negotiate on your behalf for an amicable dissolution of your marriage.
Note that if you seek to file for uncontested divorce, you and your spouse must agree on the following matters:
- division of personal property and estates;
- division of assets and debts;
- child custody and visitation arrangements;
- child support; and
- alimony.
Is Virginia a 50/50 State for Divorce?
No, Virginia is not a 50-50 state for divorce. Instead, Virginia is an equitable distribution state, meaning the court will fairly divide marital property to both spouses. This does not mean that the property will be split 50-50, but it does mean that the court will consider all the factors involved in the divorce and make a fair decision for both spouses.
Some of the factors that the court will consider when dividing property include:
- The length of the marriage
- The contributions of each spouse to the acquisition of the property
- The economic circ*mstances of each spouse
- The needs of each spouse
- The tax consequences of the division of property
The court will also consider the spouses' wishes, but the wishes of the spouses are not binding on the court. The court will decide that is in the best interests of spouses and children, if any.
What Is a Separation Agreement?
You should establish your terms in a separation agreement (also referred to as a “marital settlement agreement” or “property settlement agreement”).
In this agreement, you may agree to:
- Divide your property
- Divide your assets
- Divide your debts
- Handle child custody/support
If such an agreement is in place and the parties have lived separate and apart for the statutory required period of time, either party may consequently file for an uncontested divorce on the no-fault ground of separation. One advantage of having such an agreement is that parties with no minor children may file for a no-fault divorce after only 6 months, as opposed to 12 months without an agreement. (Although, couples with minor children will have to wait 1 year before filing, whether they have a separation agreement or not).
If you are considering a separation from your spouse, it is highly recommended that you consult with an experienced and highly skilled family law attorney. Our firm can draft an agreement for you, review an agreement proposed to you by your spouse, or negotiate an agreement with your spouse’s attorney on your behalf. Once you settle the agreement and file the divorce petition, you and your spouse may separate amicably without ever having to go to trial.
However, not all divorces go smoothly. In fact, contested divorces are the more common process, requiring separating spouses to pursue litigation to determine the terms of their divorce agreement. These types of divorces can be lengthy and emotional ordeals. Contested divorces require the assistance of a highly-trained lawyer in order to help you improve your chances of securing the results you need. If you are approaching a contested divorce in Virginia Beach, Edge Law fights to protect your interests in court and advocate for a positive outcome on your behalf.
What is a Wife Entitled to in a Divorce in Virginia?
Both parties in the marriage are automatically entitled to something once the court determines it based on their unique situation. The court also determines a division of property based on each spouse's financial situation and assets.
If you are considering a divorce in Virginia Beach, speaking with an attorney to discuss your rights and options is essential.
High Net Worth Divorce
The divorce process is rarely ever a straight line. Looking at the divorce procedure as a linear progression will often set a case up for disaster, even for uncontested divorces. Couples who are unable to be flexible and navigate the process can experience friction, which could fracture feelings of amicability and result in anger or tense disagreements. This is particularly important if you have significant assets either on your own or gained during the marriage; the stakes can be greatly enhanced when the additional complexities of money, pension plans, business assets, and commercial real estate are involved. However, rest assured that our attorney at Edge Law have substantial trial experience spanning cases of all degrees of complexity and contention. Our attorneys know your rights and will fight to protect you during any type of high net worth divorce case to protect your property and belongings.
Military Divorce
Our firm has also guided numerous families through military divorce. We have decades of experience representing servicemembers and spouses in military cases, and we are intimately familiar with family and marital issues related to Military Retirement, the Survivor Benefit Plan, Disability Pay, and the Servicemembers’ Civil Relief Act.
