Family Law Services
Contested Divorce Lawyer in Fredericksburg, Virginia
A divorce is contested when spouses cannot agree on one or more of the issues a court must resolve: the grounds for the divorce, custody of the children, support, or how property and debt are divided. These cases are decided in the Circuit Court, and the way they are prepared and presented matters. Shawna L. Stevens is a family law attorney who has represented clients through contested divorces in Fredericksburg and the surrounding counties for over 20 years.
Serving Fredericksburg, Stafford County, Spotsylvania County, King George County, Caroline County, Orange County, and Westmoreland County.
Shawna L. Stevens
Family Law Attorney, Fredericksburg VA
What Makes a Divorce Contested in Virginia
A divorce becomes contested the moment the spouses disagree about something the court must decide. You do not have to disagree about everything; a single unresolved issue is enough to put the matter before a judge. The most common areas of dispute are:
- The grounds for divorce. Virginia recognizes both no-fault and fault-based grounds under Va. Code § 20-91. A fault ground such as adultery, cruelty, or desertion must be proven, and whether that ground exists is often itself disputed.
- Custody and visitation. When parents cannot agree on a parenting arrangement, the court decides based on the best-interests-of-the-child factors in Va. Code § 20-124.3.
- Spousal and child support. The amount and duration of support can be contested. Child support follows the guideline in Va. Code § 20-108.2; spousal support is decided under the factors in Va. Code § 20-107.1.
- Property and debt. Virginia divides marital property by equitable distribution under Va. Code § 20-107.3, which means a fair division rather than an automatically equal one. Classifying, valuing, and dividing assets and debt is frequently where a contested case turns.
How a Contested Divorce Works in Virginia
A contested divorce follows a defined path through the Circuit Court. Most cases settle before a final trial, but every step is built to protect your position in case they do not.
1. Filing the Complaint
One spouse files a complaint for divorce in the Circuit Court, stating the grounds and the relief requested. Virginia requires at least one spouse to have been a resident for six months before filing (Va. Code § 20-97).
2. Service and Response
The other spouse is served and files an answer, often with a counterclaim raising their own grounds and requests. The issues in dispute are now defined.
3. Temporary (Pendente Lite) Orders
While the case is pending, the court can enter temporary orders for support, custody, and use of the marital home under Va. Code § 20-103, so a family is not left in limbo during the case.
4. Discovery
Each side gathers evidence through financial records, document requests, written questions, and depositions. In cases involving hidden income or disputed asset values, discovery is often where the outcome is shaped.
5. Negotiation and Mediation
Most contested cases resolve by agreement before trial. Settling some issues narrows what the judge has to decide, which saves time and cost even when full agreement is not reached.
6. Trial and Final Decree
Issues that remain in dispute are presented to the judge, who decides them and enters the Final Decree of Divorce.
Temporary Orders While the Case Is Pending
Contested divorces take time, and life does not pause while they are decided. Under Va. Code § 20-103, the Circuit Court can enter pendente lite (“pending the suit”) orders that set the ground rules until the divorce is final. These can address temporary spousal and child support, a temporary custody and visitation schedule, and which spouse has exclusive use of the family home. A pendente lite order is temporary and does not decide the final outcome, but it can shape the stability of the months ahead.
Why Experienced Representation Matters in a Contested Case
In a contested divorce the other side has an advocate, and so should you. The work is in the preparation: identifying and valuing marital property, building the financial record through discovery, presenting evidence on custody, and framing the issues the court will weigh. Shawna handles family law and nothing else, and has represented clients in contested matters in the local Circuit Courts for more than twenty years. That focus is what a contested case calls for.
Local Court Experience
Contested divorces in this region are heard in the Circuit Courts: Fredericksburg, together with the Circuit Courts of Stafford, Spotsylvania, King George, Caroline, Orange, and Westmoreland counties. Knowing how each court runs its docket, how cases move from filing to trial, and the local practice around custody and support is part of representing a client well close to home.
Questions We Hear Often
How long does a contested divorce take in Virginia?
It depends on the issues in dispute, the court’s docket, and how much discovery is needed. Virginia requires a six-month residency before filing, and a fault or no-fault ground must be established. From there, a contested case can take anywhere from several months to more than a year. Cases that settle before trial finish sooner.
What makes a divorce contested rather than uncontested?
A divorce is contested when the spouses do not agree on every issue the court must resolve: grounds, custody, support, or the division of property and debt. If everything is agreed and put in a signed settlement, the divorce is uncontested.
Can a contested divorce become uncontested?
Yes, and many do. Spouses often reach agreement through negotiation or mediation after the case is filed. Even a partial agreement helps, because it narrows the issues left for the judge to decide.
Will I have to go to court for a contested divorce?
A contested divorce is filed in the Circuit Court, and issues that cannot be resolved are decided by a judge at trial. Many contested cases settle before trial, which can limit or avoid courtroom testimony.
Can I get support or custody while the divorce is pending?
Often, yes. Under Va. Code § 20-103 the court can enter temporary orders for support, custody, and use of the family home while the case is pending.
Does fault affect a contested divorce?
It can. Fault grounds such as adultery, cruelty, or desertion must be proven and can affect issues such as spousal support. Virginia also allows no-fault divorce after the required period of separation. Which grounds to pursue is a strategic decision in each case.
Talk to a Contested Divorce Lawyer in Fredericksburg
If your divorce involves disputes over custody, support, or property, talk through your situation with an attorney who handles these cases in the local Circuit Courts.
Fees are discussed directly at your consultation and are based on the specifics of your case.
Phone: (540) 310-4088
Email: [email protected]
Address: 307 Lafayette Blvd, Suite 200, Fredericksburg, VA 22401
Related Practice Areas
Uncontested Divorce · Property Division · Child Custody & Visitation · Spousal Support