How do contested divorces work in Virginia?
The Initial Filing
The first thing that happens in a contested divorce is the filing of a complaint for divorce. This document outlines for the court why you are seeking a divorce and what issues the court will have to address.
Discovery and Motions
After the divorce case is filed both parties will be required to disclose all financial information and evidence they want to use at trial. Virginia does not allow trial by surprise and the court takes the discovery process seriously.
Trial
After all the discovery has been finalized and the motions have been heard, there will be a trial to determine how things will be divided and what the custody schedule will be. At any time prior to trial you can still work out an agreement.
What is discovery in Virginia?
Discovery is the process where both sides have to turn over all of their financial information and evidence that is going to be used at trial. For example, if there are any text messages or emails you want to use as evidence you must disclose it.
Financial disclosures will require you to go to your financial institutions and get account statements. You may also have to get your retirement account information and safe deposit box information and have it made available for the other side’s inspection.
Our firm has a number of experienced lawyers than can help walk you through the discovery process and make sure you have all the information necessary for your case.
What happens at trial?
A trial is where you bring your evidence and witnesses in front of the judge and present your case to the court. The court will require you to outline your case by listing out all the assets that need to be divided, establishing how much they are worth, proving when they were acquired, and convincing the court that the property should be divided in your favor.
Virginia law has a number of factors the court considers when determining how to divide that property. Our firm can make sure the right information is presented to the court to try and maximize the result.