Divorce cases are extremely sensitive and nuanced which means it is important to understand your divorce process options in Northern Virginia from the beginning of your journey.
Once you understand your options our divorce attorneys can work with you to identify the best choices for your family based on your individual circumstances.
Uncontested Divorce in Virginia
An uncontested divorce in Virginia is one in which the parties agree in a signed writing on the division of property, support, custody and visitation (if applicable), and the grounds of divorce.
Essentially, there is nothing for the Court to decide and you just need the paperwork processed.
In Virginia, you may proceed with an uncontested divorce if you have been living separate and apart for more than one year, and have a signed, written agreement, resolving all rights and obligations stemming from the marriage OR you and your spouse do not have any minor children, have been living separate and apart for more than six months, and have a signed, written agreement, resolving all rights and obligations stemming from the marriage.
However, even in an uncontested divorce, you’ll want your own divorce lawyers. This ensures that your best interests are followed throughout the process.
While the paperwork may seem overwhelming to you, the lawyers at Patterson Bookwalter PLLC handle these on a routine basis and can efficiently prepare and file this paperwork for you and ensure that you have adequately considered all of your rights and interests before finalizing your divorce.
Occasionally, an uncontested divorce will shift into one of the next categories requiring some negotiation, mediation or collaborative law.
What is a Contested Divorce?
A contested divorce is any divorce in which there are any issues unresolved, even if both parties want or agree to divorce. Unresolved issues and rights stemming from the marriage may include the grounds for divorce, the date of separation, the distribution of property, assignment of debt, spousal support, child support, and/or custody and visitation.
There are several options for pursuing a contested divorce:
Collaborative Law
As the name suggests, Collaborative Law is a process for resolution in which the parties agree not to litigate and instead work together on the same team, with attorneys and other experienced professionals as necessary, to resolve the issues stemming from the marriage.
Our lawyers are collaboratively trained and can work with you if you are interested in a lower-conflict pathway to divorce and/or co-parenting.
Litigation
Litigation is pursuing a divorce through the Court system. At Patterson Bookwalter, we typically prefer to resolve divorces and custody disputes through other means.
Unfortunately, that is not always possible and our attorneys are experienced in litigating complex divorces involving high-conflict custody, business valuations, asset tracing, and working with experts to best represent our clients’ needs.
Negotiation and Mediation
Even if a divorce is initially pursued through the Court, Patterson Bookwalter endeavors to reach a settlement on your behalf before your trial date.
Litigation is often expensive and emotionally draining and we believe that representing our clients requires considering their financial, physical, and emotional well-being.
We pursue attorney negotiation, settlement offers, retired Judge mediations, and other avenues to settlement as part of your representation.
More on Your Divorce Process Options in Northern Virginia
If you are considering divorce and would like to learn more about your divorce process options in Northern Virginia, Patterson Bookwalter PLLC is here for you every step of the way.
We have experience with divorces in Fairfax County, Loudoun County, Arlington County, City of Alexandria and Prince William County from our office in Fairfax, Virginia.
Fill out our contact form or call us today at (703) 520-9533 to learn how we can help you and your family during this sensitive time.