We represent and counsel clients in divorce and related matters, including property division, debt division, support and custody. Allow us to help you begin a new life as financially secure, quickly and painlessly as possible.
Under Virginia law, there are two common types of divorce: uncontested divorce and contested divorce. In an uncontested divorce, the parties have resolved all issues, including property distribution, support (spousal and/or child), custody and visitation. Uncontested divorces are typically brought under the no-fault grounds of (1) separation for at least twelve months or (2) separation for at least six months if there are no minor children and the parties enter into a separation agreement resolving all issues.
A divorce is contested if the parties do not agree on all issues, in which case a court typically decides the dispute. Depending on the facts, the divorce can be filed on “fault” grounds, including adultery, cruelty and/or abandonment. If proven, fault may factor into how the court rules on spousal support and/or property division.
Most divorces are uncontested, with the parties resolving all issues through a separation agreement, commonly referred to as a Property Settlement Agreement (“PSA”). The uncontested/PSA path is typically less costly, both financially and emotionally, and more expedient. Our uncontested divorce clients usually never step foot in a courtroom.
A PSA is a written contract between the parties that sets forth their rights and obligations arising out of their separation and divorce. These contractual agreements typically address property division, debt division and spousal support. If minor children are involved, they also cover child support, custody and related issues. The PSA is often incorporated into the Final Decree of Divorce issued by the court. Since the PSA ultimately governs the rights and obligations of the parties, it should be signed only after careful consideration. A divorce attorney's skill and experience can be especially helpful in negotiating and drafting a fair and reasonable PSA.
Gary facilitates uncontested divorces through efficient negotiation and PSA drafting, as well as by providing clients with realistic legal advice on related issues. He also aggressively represents clients in court when the divorce is contested, such as when your spouse refuses to back off unreasonable demands.
We serve family law clients in Richmond, Chesterfield, Midlothian, Goochland, Henrico and surrounding counties. Contact us to schedule a consultation with an experienced divorce attorney.