When spouses cannot agree on one or more issues required to end their marriage, the divorce becomes contested. In Arlington, Virginia, that can mean the court must resolve a disagreement before a final decree can be entered. The dispute may concern whether a claimed ground for divorce has been proven, or it may center on a financial or parenting issue. Because each disputed question follows its own legal standard, divorce lawyers in Arlington VA may help you understand what must be established and what evidence is relevant.
Contested Cases Depend On Evidence
A contested divorce does not automatically mean every part of the marriage dissolution is disputed. Spouses might agree that the marriage should end yet disagree about how a particular issue should be resolved. When a matter remains contested, each party has an opportunity to present evidence supporting a position, and the court ultimately decides the unresolved question.
Virginia also recognizes fault-based grounds for divorce in certain circumstances. If one spouse relies on such a ground, the legal requirements for proving it become significant. Virginia law generally does not permit a divorce to be granted solely on the uncorroborated testimony of either spouse, subject to a statutory exception for certain no-fault divorces.
Preparation therefore depends on what is actually disputed rather than on the fact that the case is contested. Relevant records or testimony may differ substantially from one issue to another.
Financial Disputes Follow Separate Standards
Where spouses disagree about property division, Virginia’s equitable-distribution law governs how the court addresses marital property. Classification comes first because property that is separate is treated differently from property subject to division. After classification, the court considers the statutory circumstances that bear on an equitable monetary award.
Spousal support requires another analysis. In a contested circuit-court case, an order granting or denying requested spousal support must include written findings identifying the statutory considerations that support the ruling. As a result, arguments about support should be developed around the evidence relevant to that particular request rather than treated as an extension of the property dispute.
Parenting Issues Remain Child Focused
If custody or visitation is contested during the divorce, the court addresses those questions with the child’s interests in mind. Virginia law permits courts handling divorce proceedings to enter orders concerning custody and visitation of minor children, while the broader custody statute calls for prompt consideration of those matters.
Mediation may still be appropriate even after a case becomes contested. Virginia law recognizes it as an alternative to litigation in suitable custody and visitation matters. Reaching agreement on one disputed question can narrow what remains for the judge to decide, so a contested case does not necessarily have to proceed to trial on every issue.
How the case moves forward ultimately depends on what remains unresolved. Identifying the precise disagreement helps keep the legal analysis focused and allows you to evaluate whether settlement or a court ruling is needed.