A divorce consisting of any significant amount of property is a contentious divorce. A contentious divorce does not have to be the end of the world; both parties are provided with trying to resolve property and custody issues equitably. How debatable a divorce is going to be is largely determined by the parties and the lawyer that each party chooses to be represented. Even a contentious divorce can be managed if both parties want to be reasonable and no lawyer chooses to get involved in altering the behavior. Most of the time, the opposing lawyer will play a significant role in how harmoniously a contentious divorce can be settled. This, in turn, will decide how expensive or cheap the contentious divorce will be for the parties. How your specific case will be pursued or considerably resolved by the specific facts of your case.
Divorce Law in Virginia
As a general rule, the parties cannot be deemed to be living apart with the intention to be permanently separated and apart if both are residing in the martial residence. If any husband wants a divorce, they’re going to get a divorce. The real question is what terms are essential to get a divorce. If your spouse wants a divorce and wants you to move out of the marital home, perhaps rejecting your spouse’s demands may be your best interests. Refusing can cause your spouse to agree to your terms for divorce. Finally, the party that wants a divorce is the most likely to agree on any term to obtain a divorce. Remember this as you may need to negotiate an agreement on the property and custody of the child (ren)
One sign is maybe the threat or possibility of danger of staying in the marital home. Nothing is more important than being safe. If the other party has a past of physical violence or you have reason to believe that if you do not move, the other party will hurt you, then you should probably leave.
If someone leaves home without any agreement for expressing that both are separated mutually, then he/she may suffer different consequences in the court.
If you leave the marital residence, the Court can deliver custody of the children to the father who remains in the marital residence. This grant of custody is granted in the start until the hearing of final divorce. However, as a rule, divorce courts are averse to changing the state of affairs. Thus, the father who received the initial grant of custody is the person most likely would be the honor of the physical custody of the child(ren).
Additionally, the party leaving the marital home may be accused of leaving the marital home. If you leave the marital home and do not try to see your children frequently, this can also have negative consequences. During the pending divorce action, the visit you have with your child (ren) may be dramatically limited. The party who remains in the house may be granted the use and possession of the marital residence. The bottom line is that what you do at the beginning of the divorce separation process is more likely to have a big impact on how your divorce turns out. This is one of the main reasons why you need excellent advice from the beginning by an experienced divorce lawyer who almost exclusively manipulates contentious divorces. There is need to ensure that that divorce attorney who practices other types of laws are probably not up to date with the new divorce case law in which courts have recently ruled. So it is very important that the divorce lawyer you hire to help you in your divorce must be experienced in dealing with family case laws.
If you need the help of a divorce lawyer in VA with this type of a case in Fairfax, City of Fairfax, Prince William (Manassas), Fauquier (Warrenton), Loudoun (Leesburg), Caroline, Stafford, Spotsylvania, Chesterfield, Henrico, Arlington, Richmond, Alexandria, Warren (Front Royal), Clarke, Shenandoah, King George, Charles City, Frederick, Fredericksburg, Gloucester, Hanover, Hopewell, James City, King & Queen, King William, New Kent, Newport News, Petersburg, Prince George, Rappahannock or York, call our law firm immediately for help and speak to a lawyer about your options.
