Contested Divorce Lawyer Virginia, VA
When a divorce cannot be resolved by agreement between the spouses, it becomes a contested divorce. In Virginia, contested divorce cases are heard in the Circuit Court, which has exclusive jurisdiction over divorce, equitable distribution, and spousal support matters. Law Offices Of SRIS, P.C. represents clients throughout Virginia in contested divorce proceedings. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results in contested divorce matters. Results may vary. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Is a Contested Divorce in Virginia?
Virginia is an equitable distribution state, meaning the court divides marital property fairly but not necessarily equally. A contested divorce arises when the spouses disagree on one or more issues—such as grounds for divorce, property classification and valuation, spousal support, or matters involving children. The Circuit Court resolves these disputes after hearing evidence, applying the statutory factors in Title 20 of the Virginia Code. The process may involve discovery, depositions, motions practice, and, if no settlement is reached, trial.
Because Virginia permits divorce on both fault and no-fault grounds under Va. Code § 20-91, contested cases often involve allegations of adultery, cruelty, or desertion in addition to no‑fault separation. Fault grounds can affect equitable distribution and spousal support determinations. Mr. Sris and his Of Counsel have experience handling complex contested divorce matters in Virginia courts.
How Mr. Sris and His Of Counsel Handle Contested Divorce Cases
Mr. Sris and his Of Counsel approach every contested divorce with a focus on resolving the case as efficiently as the circumstances allow, while preparing for trial from the outset. The team assists clients with identifying and valuing marital and separate property, analyzing tax consequences, and addressing retirement‑plan division, including cases where a qualified domestic relations order may be needed. If a settlement cannot be reached, the team presents the client’s position to the Circuit Court at trial.
The timeline of a contested divorce in Virginia depends on the issues in dispute and the court’s calendar. Mr. Sris and his Of Counsel work with forensic accountants, business valuators, and other professionals when a case involves complex marital estates, closely held businesses, or international assets. The firm’s goal is to help each client achieve a resolution that reflects a thorough presentation of the evidence under Virginia’s equitable distribution framework.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997. He is a former prosecutor and practices in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He keeps his personal caseload manageable to ensure deep involvement in every matter. Mr. Sris is joined by Of Counsel attorneys, each with their own areas of experience, who collectively bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary.
Frequently Asked Questions
What is a contested divorce in Virginia?
A contested divorce in Virginia is one in which the spouses cannot agree on one or more issues, such as grounds for divorce, property division, spousal support, or child custody. The case proceeds to the Circuit Court, where a judge resolves the disputes after discovery and potentially a trial. Contested divorces often take longer than uncontested ones because the court must make findings under the relevant statutes.
Do I need a lawyer for a contested divorce in Virginia?
You are not required to have a lawyer, but contested divorce cases involve significant legal and financial stakes. An experienced family law attorney can help you present your position, value assets, navigate procedural rules, and advocate at trial. Mr. Sris and his Of Counsel represent clients in contested divorce matters across Virginia.
How does the contested divorce process work in Virginia?
The process begins with filing a Complaint in the Circuit Court. The parties then exchange financial information and engage in discovery. Motions for pendente lite relief—temporary support, custody, or use of property—may be filed. If a settlement is not reached through negotiation or mediation, the case proceeds to trial. The judge issues a final decree resolving all issues.
What are the grounds for a contested divorce in Virginia?
Virginia recognizes both fault and no‑fault grounds. No‑fault divorce requires a separation period: one year, or six months if there are no minor children and the parties have a written separation agreement. Fault grounds include adultery, cruelty, desertion, and conviction of a felony with imprisonment of more than one year. Fault grounds can affect spousal support and equitable distribution.
How is property divided in a Virginia contested divorce?
Virginia is an equitable distribution state. The court classifies property as marital or separate, values it, and then distributes the marital share equitably, considering the factors in . Equitable does not mean equal. The judge has broad discretion after weighing each factor.
Can I get spousal support in a contested divorce?
Yes, spousal support (alimony) may be awarded in a contested divorce. The court considers the 13 factors set out in Va. Code § 20‑107.1, including the duration of the marriage, each spouse’s earning capacity, contributions to the family, and the grounds for divorce. A pendente lite support order may be entered while the case is pending.
What if my spouse contests the divorce but I want it to be uncontested?
If your spouse contests any issue, the divorce cannot proceed as uncontested. Mr. Sris and his Of Counsel can help you evaluate the contested issues, explore settlement possibilities, and, if necessary, take the case to trial. Early agreement can sometimes narrow the disputed issues and shorten the proceeding.
How long does a contested divorce take in Virginia?
The timeline varies by case. Factors include the number of disputed issues, the complexity of property or child‑related matters, court availability, and whether the parties engage in discovery or motion practice. Some cases resolve within several months; others extend significantly longer. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Explore related pages: Fairfax County Contested Divorce · Prince William County Contested Divorce · Loudoun County Contested Divorce · Arlington Contested Divorce · Virginia Divorce Lawyer
Primary legal sources: Virginia Code Title 20 (Domestic Relations) · Virginia Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.