Winchester Contested Divorce Attorneys
Helping You Through the Divorce Process in Frederick County, Clarke County, and Shenandoah County
When you and your spouse cannot agree on the terms of your divorce, you will need to go through the contested divorce process. This is a more complex and time-consuming process than an uncontested divorce, but it is still possible to reach a resolution without going to court. At Buchbauer & McGuire, P.C., we can help you through the contested divorce process and work to reach a favorable settlement.
What Is a Contested Divorce?
A contested divorce is one in which the spouses cannot agree on the terms of the divorce. This can include issues such as property division, child custody, child support, and spousal support. In a contested divorce, the court will make the final decisions on these issues.
It is important to have an experienced Winchester contested divorce attorney on your side to help you through this process. At Buchbauer & McGuire, P.C., we can help you understand your rights and options and work to reach a favorable resolution.
How Long Does a Contested Divorce Take?
The length of a contested divorce will depend on the specific circumstances of the case. In Virginia, there is a mandatory separation period of one year for couples with children and six months for couples without children. This means that you must live separately for this period of time before you can file for divorce.
Once you file for divorce, the process can take several months or longer. If you and your spouse can reach an agreement on the terms of the divorce, the process will be much quicker. However, if you cannot agree, you will need to go to court, which can take longer.
How to Prepare for a Contested Divorce
Going through a contested divorce can be a difficult and stressful process. However, there are some steps you can take to help you prepare.
Some tips for preparing for a contested divorce include:
- Get your finances in order. This includes gathering all of your financial documents, such as bank statements, tax returns, and pay stubs. You should also make a list of all of your assets and debts.
- Make a list of your goals. Think about what you want to achieve in the divorce and what is most important to you. This can help you stay focused during the process.
- Think about your children. If you have children, you will need to think about what is in their best interests. This includes where they will live, where they will go to school, and how much time they will spend with each parent.
- Consider mediation. Mediation is a process in which you and your spouse work with a neutral third party to try to reach an agreement on the terms of the divorce. This can be a good way to avoid going to court and can help you maintain control over the outcome of the case.
At Buchbauer & McGuire, P.C., we can help you through the contested divorce process and work to reach a favorable resolution. We will be there for you at every step and will fight to protect your rights.
What Are the Steps in a Contested Divorce?
The contested divorce process can be complex and time-consuming. However, with the help of an experienced contested divorce attorney, you can get through the process as quickly and smoothly as possible.
The steps in a contested divorce include:
- Filing the complaint: The first step in a contested divorce is to file a complaint with the court. This is a legal document that outlines the reasons for the divorce and the terms you are seeking. You will need to serve your spouse with a copy of the complaint.
- Discovery: During the discovery process, you and your spouse will exchange information and documents. This can include financial documents, such as bank statements and tax returns, as well as documents related to your children, such as school records and medical records.
- Negotiations: Once you have all of the necessary information, you and your spouse will try to negotiate a settlement. This can be done through informal negotiations or through mediation. If you are able to reach an agreement, you can submit it to the court for approval.
- Going to court: If you are not able to reach an agreement, you will need to go to court. The judge will hear evidence from both sides and make a decision on the terms of the divorce. Once the judge makes a decision, you will need to follow the court's orders.
At Buchbauer & McGuire, P.C., we can help you through every step of the contested divorce process. We will work to protect your rights and help you reach a favorable resolution.
What Are My Rights in a Contested Divorce?
In a contested divorce, you have the right to have an attorney represent you. You also have the right to present evidence and call witnesses to support your case. You have the right to cross-examine your spouse and any witnesses they call.
It is important to have an experienced contested divorce attorney on your side to help you through this process. At Buchbauer & McGuire, P.C., we can help you understand your rights and work to protect them.
How Can a Contested Divorce Lawyer Help Me?
Going through a contested divorce can be a difficult and stressful process. However, with the help of an experienced contested divorce attorney, you can get through the process as quickly and smoothly as possible.
At Buchbauer & McGuire, P.C., we can help you with all aspects of your contested divorce, including:
- Filing the necessary paperwork
- Gathering evidence to support your case
- Negotiating a settlement
- Representing you in court
We will be there for you at every step and will fight to protect your rights. We will work to reach a favorable resolution that meets your needs and the needs of your children.
Industry Leading Attorneys
Our attorneys are actively involved in updating and writing the law through our participation with the Virginia Bar Association’s Family Law Coalition. They are recognized for their family law experience, internationally, nationally and in Virginia.
We look at the law differently to achieve your goals and the best outcome.
A Team You Can Trust
We provide guidance and communication throughout the process to keep you informed.
Decades of Experience
Our skilled litigators have over 75 years of combined legal experience.