Fairfax, VA Contested and Uncontested Lawyer
The question of whether you will have to go to Court really depends upon the circumstances of your situation. If you and your spouse are prepared to proceed with an Uncontested Divorce and if the spouse who is listed as the defendant in the Complaint is willing to sign a Waiver of Service of Process, then it is possible to secure a Divorce without having to appear in a Courtroom at all. If, however, either spouse refuses to agree to any of the Critical Issues in your Divorce, then litigation in the Court may be necessary.
What are the Critical Issues in my Divorce?
Critical Issues in any marriage will certainly include division of property, division of financial assets, and division of marital debt.
If you and your spouse have minor children, either biological or adopted, Critical Issues in your divorce will certainly include issues relating to Physical Custody, Legal Custody, Visitation Schedule, Child Support, and various other concerns like who will be providing health insurance for the child and how will extra-curricular expenses be split.
What is an Uncontested Divorce?
Simply put, an uncontested divorce is the fastest and least expensive way to accomplish your divorce. This is possible when you and your spouse both want a divorce, and you and your spouse have reached a written and signed agreement on all the Critical Issues in your relationship.
What is a Contested Divorce?
If you and your spouse cannot agree on any critical issue, then even if you both want a divorce, the divorce would still be considered contested. In that circumstance, divorce can only be accomplished by filing a Complaint for Divorce in which the parties ask the Court to make decisions on all critical issues. After a Complaint is filed, however, it is still possible for the parties to ultimately reach agreement on Critical Issues before the trial date. Oftentimes this can be accomplished by your divorce attorney negotiating on your behalf with your spouse or your spouse’s attorney or by submitting your case to a mediation.
When does it make sense to consult an attorney?
Regardless of whether your divorce is contested or uncontested, the reality is that your life will be dramatically affected by the decisions made regarding each of the critical areas discussed above. Your lawyer can help you understand what you and your spouse’s rights are under the law so that you put together a fair and equitable agreement that will be approved by the court, and then work to make sure that agreement is approved by the courts as soon as possible so you and your spouse can go your separate ways.
Contact One of Our Fairfax, VA Uncontested or Contested Divorce Attorneys
If you are considering a divorce or have other family law issues, please contact Leary Porter Law today to discuss your issues at 703-359-7111. We are here to help you.