When confronted with a difficult and emotional decision like seeking divorce, it is critical to gather accurate information so you can make the best decision for you. There are two general paths to a divorce. One is the contested path and the other is uncontested. The reality is the most divorce cases will settle prior to a full trial. Although, it is important to have an attorney who will push your interests and not be afraid to take your case the distance.

A contested divorce is defined by the fact issues have not been settled and thus are contested. There are a handful of legal reasons you can file a case in your local circuit court for a contested divorce. These options break down into two categories know as fault or no fault.

There are a couple of fault grounds you can seek a divorce in Virginia. They are adultery, cruelty, desertion and your spouse is convicted of a felony resulting in incarceration longer than a year. The acts needed to show adultery are well known but what is not well known are the legal standards necessary to prove adultery. Desertion and cruelty often cover similar factual grounds but it is necessary to understand how your facts best fit into an overall litigation strategy. That strategy should be orientated to your goals with a focus on laying the foundation for your next chapter.

The common phrase for this path is the benign irreconcilable differences. Virginia does not use this terminology but the effect is similar provided you are separated for the required period of time. If you have minor children, you will need to be separated for twelve months before the court can grant you a divorce. If you do not have minor children but are not able to settle the issues and create an uncontested divorce, then you too will need to be separated for twelve months. Once separated for the required period of time, the case for your divorce will simply seek a divorce on that basis without any need to open old wounds.

If you are able to achieve an uncontested divorce, then trust me when I say it will be the best in the long term. Of course, there are reasons to fight and hills which are worth dying on. Your attorney must be able and willing to counsel you on making the rational decisions and not the emotional ones. The defining characteristic is being able to reach a settlement prior to filing a case with the court. The effort will focus on reaching a reasonable settlement based upon the law, particulars of your case and a desire to limit the financial toll by being open to compromise. If you do not have minor children and are able to reach a settlement, then you will only need to be separated for six months to get your divorce.

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