When Is Litigation Necessary in a Divorce?
In many cases, settling a divorce outside of court is an ideal option for avoiding unnecessary conflict and delays. That said, there are some situations where a divorce trial may be necessary. If you are planning on proceeding to litigation, a Fairfax County, VA divorce attorney can provide you with strong counsel and representation.
As a solo practitioner, Nicole M. Burns, Attorney at Law can provide you with individualized legal services during an intense divorce trial, tailoring her approach to your needs. In her career, she has personally helped clients through highly contested divorces involving child custody matters, complex property distribution, and other pressing issues.
Three Reasons to Consider Divorce Litigation in Virginia
Protecting the Child’s Best Interests
In a divorce between parents, looking out for the child’s ongoing needs and welfare is a top priority. Joint custody agreements where both parents share possession and decision-making responsibility of the child are common, but in some cases, one parent may wish to pursue sole custody.
If your spouse has a history of violence, neglect, or substance abuse, you could make a case for sole custody based on the child’s best interests. Our firm can help you build a case if it serves the child’s needs, presenting evidence of your spouse’s misconduct or parental unfitness.
Pursuing a Fault-Based Divorce
Many spouses opt for an amicable "no-fault" divorce, as this often allows for a relatively quicker settlement. However, Virginia also allows spouses to pursue a fault-based divorce, in which one party can be held responsible for the deterioration and collapse of the marriage. If the judge agrees that one spouse was at fault, it could have implications for the resulting division of property and allocation of spousal support.
Keep in mind that there are limited grounds for fault-based divorce in the state under Virginia Code § 20-91, including:
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Adultery
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Abandonment
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Conviction of a felony with a prison sentence of a year or longer
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Cruelty
Dealing With an Uncooperative or Narcissistic Spouse
If you are divorcing a narcissistic partner, you may struggle to reach a mutually agreeable settlement outside of court. In some cases, an uncooperative spouse may even try to sabotage negotiations or mediation by refusing any sort of compromise.
In these kinds of situations, you may have no choice but to proceed to trial to reach a fair result. Our attorney can help you make a case for an equitable distribution of property in court, taking into account your financial means and your contributions to the marriage, among many other factors. We can also help you petition for or against an order of spousal support, if needed.
Contact a Fairfax County, VA Divorce Trial Lawyer
Nicole M. Burns, Attorney at Law understands the stress that can come with highly contested divorce proceedings. We can serve as your steadfast advocate during litigation, working hard to protect your best interests.
Our Loudoun County, VA family law attorney is ready to discuss the details of your case with you. To arrange your initial consultation today, call our offices at 703-373-4761.
A New Beginning for You and Your Family
Take the first step toward securing your peace of mind. We will give you the care your family deserves.
Schedule Your Consultation or Call us at 703-373-4761
Located in Reston, VA, Nicole M. Burns, Attorney at Law represents individuals and families throughout the area, including Annandale, Arlington, Ashburn, Bristow, Broadlands, Burke, Centreville, Chantilly, Dale City, Dumfries, Dulles, Fairfax, Falls Church, Gainesville, Great Falls, Haymarket, Herndon, Lake Ridge, Leesburg, Manassas, McLean, Montclair, Nokesville, Oakton, Potomac Falls, Sterling, Tysons Corner, Vienna, Woodbridge, Fairfax County, Loudoun County, Prince William County, and Arlington County.
