Contested Divorce Lawyer Colonial Heights, VA
A contested divorce in Colonial Heights, Virginia, arises when spouses cannot agree on one or more core issues — child custody, spousal support, division of assets, or even the grounds for the divorce itself — and must litigate those disputes before the Colonial Heights Circuit Court. The court, located at 550 Boulevard, has exclusive jurisdiction over all divorce proceedings in the independent city, while related custody, visitation, and support matters may also proceed in the Colonial Heights Juvenile and Domestic Relations District Court. Because Virginia is an equitable distribution state, the court divides marital property based on fairness rather than a rigid 50/50 split, making the outcome heavily dependent on the evidence presented and the arguments made at trial. Law Offices Of SRIS, P.C. represents individuals throughout Colonial Heights and central Virginia in contested family law matters. Mr. Sris and his Of Counsel team bring decades of litigation experience to each case, working to resolve disputes through negotiation where possible and preparing thoroughly for trial when necessary. Reach our firm at (888) 437-7747 to schedule a consultation.
What a Contested Divorce Means in Colonial Heights
A contested divorce differs from an uncontested divorce in that the parties do not have a written agreement resolving all issues. In Colonial Heights, the case is filed in the Circuit Court, which handles division of marital property, spousal support, and the divorce decree itself. If child custody or child support is in dispute, those issues are addressed by the Juvenile and Domestic Relations District Court while the divorce is pending. The process typically begins with the filing of a sworn complaint stating the grounds for divorce and the relief sought. Both sides then engage in discovery, exchange financial records, and may participate in mediation. If settlement is not reached, the court schedules a trial.
Virginia law provides several fault-based grounds for divorce, including adultery, cruelty, and willful desertion. No-fault divorce is available based on separation.
Virginia law requires a one-year separation period for a no-fault divorce; if there are no minor children and the parties have a signed separation agreement, the period is six months.
Source: Va. Code § 20‑91(9). Virginia Code § 20‑91
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Because fault grounds can affect property division and support, the strategic choice of ground is an important early decision. Mr. Sris and his Of Counsel evaluate the particular facts of each case to advise clients on the most suitable approach under Virginia law.
How Mr. Sris and His Of Counsel Handle Contested Divorce Cases
In a contested divorce, the firm first works to understand the client’s priorities — whether the focus is on preserving a business interest, securing primary custody of children, or obtaining spousal support. Mr. Sris and his Of Counsel then develop a litigation strategy that takes into account the specific financial and personal dynamics of the marriage. Discovery is used to obtain complete financial disclosure; when necessary, the firm engages forensic accountants and business valuators to analyze complex assets such as retirement plans, stock options, and ownership stakes in closely held companies.
Throughout the process, the firm makes every effort to resolve disputes through negotiation or mediation to avoid the time and expense of trial. However, when settlement is not feasible, the team is fully prepared to present evidence and argue the case before the Colonial Heights Circuit Court. Because the firm maintains a manageable caseload, each client receives focused attention from attorneys who are familiar with the local bench and the expectations of the Twelfth Judicial District. The firm does not promise any particular result, but its approach is grounded in thorough preparation and a detailed understanding of Virginia family law.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997. A former prosecutor, he brings insight into how evidence is presented and evaluated in court. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the legislation that revised Virginia’s equitable distribution statute. Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997. Results may vary.
Mr. Sris works alongside a team of experienced Of Counsel attorneys who contribute decades of combined background in litigation, law enforcement, and CPS proceedings. With a collective emphasis on family law litigation, the team is able to handle matters involving complex property division, business valuation, and contested custody. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary.
Frequently Asked Questions
What is a contested divorce?
A contested divorce is a divorce in which the spouses cannot agree on one or more issues and must go to court for a judge to decide those matters. Disagreements may involve property division, spousal support, child custody, visitation, or the grounds for the divorce itself. In Colonial Heights, contested divorces are heard in the Circuit Court. The process can be adversarial and typically requires disclosure of financial records, witness testimony, and, in some cases, expert evaluations. Reaching a negotiated settlement before trial is often in both parties’ best interests, but when it is not possible, trial is necessary.
What are the grounds for divorce in Virginia?
Virginia law recognizes both fault-based and no-fault grounds for divorce. Fault grounds include adultery, cruelty, willful desertion for one year, and felony conviction with imprisonment of more than one year. No-fault divorce is available based on a separation period of one year, or six months if there are no minor children and the spouses have a signed separation agreement. The choice of ground can affect spousal support and property division. For guidance on which ground may apply in your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How is property divided in a contested divorce in Virginia?
Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The court considers 11 statutory factors listed in Va. Code § 20‑107.3, including the duration of the marriage, each spouse’s contributions to the family’s wellbeing, and the circumstances that contributed to the dissolution. Separate property — assets owned before the marriage or received as a gift or inheritance — is generally not subject to division. Complex cases involving businesses, professional practices, or substantial retirement accounts often require the assistance of financial attorneys. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How long does a contested divorce take in Colonial Heights?
The timeline for a contested divorce varies significantly depending on the complexity of the issues, the level of cooperation between the parties, and the court’s docket. Cases with multiple disputed issues — such as custody, business valuation, or spousal support — generally require more time than cases with fewer issues. While the court schedules hearings and trials according to its calendar, a contested matter can take many months to resolve. Mr. Sris and his Of Counsel work to move cases forward efficiently while ensuring that each client’s interests are fully protected. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Can I represent myself in a contested divorce?
You are not legally required to retain a lawyer for a contested divorce, but doing so is generally not advisable because of the procedural and evidentiary demands of litigation. Virginia’s rules of evidence and equitable distribution statute are complex, and a self-represented litigant must comply with the same requirements as a lawyer. Mistakes in drafting pleadings, failing to meet deadlines, or misunderstanding property classification can have lasting financial and custodial consequences. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer for a contested divorce?
While you can file a contested divorce without legal representation, the stakes are often too high to proceed without an experienced family law attorney. A contested case involves marshaling evidence, cross-examining witnesses, and presenting persuasive legal arguments on subjects such as spousal support, custody, and property division. An attorney who concentrates in Virginia family law can help you evaluate settlement offers, frame the issues for the court, and protect your long-term interests. To discuss how the firm may assist in your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Primary sources: Virginia Code Title 20 — Domestic Relations · Virginia Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.