Advocating For You Throughout Divorce
The divorce process consists of several parts that can be strategically planned to work together to give you a divorce agreement that is the best possible given the situation. At Schmergel Family Law, PLC, we help each of our divorce clients through an emotionally difficult process while targeting a successful outcome.
Finding An Option That Works For You
Many divorces are no-fault in the state of Virginia, which requires one year of separation before finalization of the divorce, or as little as six months if there are no children. An at-fault divorce option may be for you if your spouse committed adultery or:
- Has been convicted of a felony
- Is guilty of cruelty
- You fear for your safety (such as domestic violence)
- Abandoned your home or the marriage
If there are grounds for divorce based on the actions of your spouse, it could make a positive impact on any alimony or property division negotiations or the outcome of the case in court. While there is no waiting period for an at-fault divorce, the fault needs proof to be valid.
Uncontested Vs. Contested Divorce (And Mediation Alternatives)
An uncontested divorce in Arlington, Virginia, happens when the divorcing couple mutually agree on all major terms, such as division of assets, child custody and spousal support. Virginia law requires couples to meet the following separation requirements under Code of Virginia § 20-91 before finalizing an uncontested divorce:
- No minor children: Six months of separation with a signed separation agreement
- With minor children: 12 months of separation is generally required
Uncontested divorces often move faster, cost significantly less and may create far less emotional strain on everyone involved. When spouses work together to resolve their differences outside the courtroom, families can move forward more quickly and with greater control over the outcome.
Because both parties agree on the terms, uncontested divorces typically require fewer court appearances and less attorney involvement, which translates to substantial savings in both time and money. The simplified process also allows couples to maintain privacy, as fewer details become part of the public court record.
What Happens In A Contested Divorce
A contested divorce in Virginia, on the other hand, happens when spouses disagree on one or more important issues. Disagreements over division of property, custody arrangements or financial support force the case into a more formal legal process.
Contested divorces typically involve:
- Discovery: Both sides exchange financial documents and other evidence
- Depositions and expert witnesses: Formal testimony and professional evaluations
- Multiple court appearances: Hearings at the Arlington County Circuit Court
This process takes longer, costs more and often increases conflict between the parties. The cost of divorce in Virginia rises significantly in contested cases due to attorney fees, court costs, expert witness fees and extended timelines that can stretch across many months. What might cost a few thousand dollars in an uncontested case may escalate to tens of thousands of dollars when litigation becomes necessary. This is one reason many couples consider mediation.
Virginia Divorce Mediation: A Better Path Forward
Virginia divorce mediation offers a middle ground. It brings both spouses together with a neutral third party who helps facilitate productive conversations and guide the couple toward mutually acceptable solutions. Unlike a judge who imposes a decision, a mediator empowers you to maintain control over the terms of your divorce.
Benefits of mediation and collaborative divorce in Arlington include:
- Saves time and reduces legal fees
- Minimizes emotional toll on your family
- Protects children from courtroom battles
- Allows you to control the outcome on your terms
- Dramatically lowers the cost of divorce in Virginia compared to traditional litigation
A Virginia separation agreement reached through mediation can address all the same issues a judge would decide, but on your timeline and with solutions that work for your unique family. Many couples find that mediation not only preserves their financial resources but also helps them maintain a more cooperative relationship after the divorce, which proves especially valuable when children are involved. The collaborative nature of mediation often leads to more creative solutions that better fit your family’s unique needs, rather than the one-size-fits-all approach a court might impose.
Choosing The Right Path For Your Family
Every family’s situation is unique. Schmergel Family Law, PLC, will help you determine the most strategic and cost-effective path forward, whether that means pursuing an uncontested divorce, preparing for litigation or exploring mediation and collaborative options. We provide transparent guidance about what each approach means for your timeline, your budget and your family’s future. We will work with you to find the approach that protects your interests while keeping your family’s well-being at the center of every decision.
Our attorneys take time to understand your specific circumstances, concerns and goals before recommending a strategy. We recognize that the right approach for one family may not work for another, and we tailor our representation accordingly.
Navigating The Local Courts: Circuit Court Vs. JDR District Court
When family issues require court involvement, understanding where your case will be heard is an important first step to take. Different courts have different responsibilities, and filing in the wrong place can create unnecessary delays.
The Arlington County Circuit Court generally handles the following concerns:
- Granting the final divorce decree that legally ends the marriage
- Resolving equitable distribution issues involving marital property and debts
- Addressing disputes involving retirement accounts, investments and other significant assets
- Approving and enforcing certain settlement agreements reached during divorce proceedings
On the other hand, the following issues are commonly heard in the Juvenile and Domestic Relations (JDR) District Court.
- Child custody disputes
- Parenting time and visitation matters
- Child support cases
- Modifications of existing custody or support orders
This court often becomes involved when parents are unmarried or when custody and support issues arise before a divorce case is filed.
Because these decisions can significantly impact your relationship with your children, it is important to approach them carefully and with a clear strategy like ours. Our Arlington divorce attorney will help ensure you understand which Virginia court has authority over your matter, which can help avoid setbacks and keep your case moving forward.
Why Work With Attorneys Who Know The Local Courts?
We know that hiring an Arlington divorce lawyer is not simply about finding someone who understands Virginia law. It is about choosing a firm that understands how local courts operate on a day-to-day basis. That knowledge can make a meaningful difference in both the pace and outcome of a case.
At our northern Virginia family law firm, our team has represented clients throughout Arlington, Fairfax and Alexandria for more than 20 years. Our attorneys understand the procedures, filing requirements and courtroom expectations that often shape family law cases.
More importantly, clients receive direct attorney involvement, not a case handed off to support staff. Through our collaborative team-based approach, attorneys work together to identify opportunities, anticipate challenges and pursue practical solutions.
Whether you are seeking an uncontested divorce in Arlington or surrounding areas of Virginia, addressing custody concerns in the Juvenile and Domestic Relations (JDR) District Court or preparing for proceedings in the Arlington County Circuit Court, do not worry. Our team’s legal experience helps reduce uncertainty and unnecessary stress. We know the community and the courts, and we remain committed to achieving lasting results for the families we serve.
Contact Schmergel Family Law, PLC, Today
If you are planning on a divorce or just considering it, give us a call to talk about your options. Reach us at 703-763-2645 or contact us online to schedule an initial consultation.