Contested/Uncontested Divorce

Contested Divorce

Spousal Support, Annulment, Separation Agreement, Prenuptial AgreementI would point out that neither party wants to have a contested divorce as it is a colossal waste of both parties’ assets and is detrimental to their children. Having said that, if the issues in your case reach a point where either or both of the parties refuse to settle for various reasons then your case is going to be contested. Therefore, it is highly important for you to have an attorney with substantial experience. Mr. Kaydouh has almost 40 years of experience involving contested divorces in all issues. The following constitutes commonly disputed issues which are contested before a court:

  1. Child custody
  2. Visitation
  3. Child support
  4. Spousal support
  5. A fair division of the parties’ assets
  6. Determining what is the correct marital share of the party’s assets

The first thing that should be done if any of these issues are going to be contested is for the attorney and his client to first develop a strategy in which the issue can be settled outside of court through a proposed Separation Agreement relating to a fair resolution of the issues at hand. If the Separation Agreement strategy does not work then the only other alternative is filing a petition with the court to seek the assistance of a judge to make a decision on behalf of the parties. I would point out that any decision a judge makes is usually not as desirable or satisfactory as what the parties can come up with on their own should they be amenable to truly settling the contested issues. The judges do the best they can with a limited time to hear your case, usually anywhere between a few hours to a few days, they cannot possibly know the intricacies and complexities of your situation as you, the party, know them to be. Therefore, it is essential for you to follow the advice of your attorney in first attempting to reach a peaceful and fair solution to the issues at hand. Should you be able to effectuate a settlement with your attorney and your spouse and his/her attorney the cost and legal fees that you save will be substantial. However, if your spouse is unreasonable and/or is obtaining bad advice from friends or even his/her own attorney, then the court solution is always available.

Contact us to further discuss your particular situation in a no-cost telephone consultation to determine whether or not you would be helped by a personal meeting with Mr. Kaydouh. Call us at (703) 790-5080 or send us an e-mail at dkaydouh@aol.com. A later office consultation, if necessary, is $350/hour. However, the initial telephone consultation for no cost is always available.

The State of Virginia provides simple solutions for divorces which are considered uncontested. First one of the parties must have established jurisdiction and residence within the State of Virginia. Once that has occurred the State of Virginia offers the following ways in which to get an uncontested divorce:

Uncontested Divorce

The State of Virginia provides simple solutions for divorces which are considered uncontested. First, one of the parties must have established jurisdiction and residence within the State of Virginia. Once that has occurred the State of Virginia offers the following ways in which to get an uncontested divorce:

  1. The parties must first have a Separation Agreement, which we can draft for you, on uncontested issues and if you are separated for more than six months or one year if minor children are involved. I can then do a divorce on your behalf by drafting the necessary documents and filing them with the Court. Once the Complaint has been filed and returned by the Court we can then forward them to your spouse. This assumes that all issues are uncontested. We can now utilize Affidavits so it will not be necessary for you to appear in court. What is required is an affidavit from the party filing the complaint and an affidavit of a witness who can testify that you have been separated for more than six months or one year if minor children are involved. Of course we would only be representing you. If your spouse has questions concerning the Separation Agreement or divorce papers, they must seek the advice of their own attorney.
     
  2. The other means to obtain an uncontested divorce is not to have a Separation Agreement but to be separated for more than one year. If you are separated for more than one year, that usually means living outside the home for more than one year, then you are eligible for an uncontested divorce provided, of course, that there are no other issues, such as spousal support, child support, custody or visitation or division of assets which are going to create a problem without a separation agreement. Therefore, if these issues do exist, then your divorce will not be uncontested and would go the route of a contested matter in which there would be an attempt to resolve the contested issues by sending a Separation Agreement to your spouse.
     
  3. Mr. Kaydouh can quote flat fees for the an agreed upon Separation Agreement or Uncontested divorce.

Complex Divorce

What is a complex divorce? A complex divorce is one in which there are serious issues involving spousal support, child support, custody of the parties’ children, visitation of the parties’ children, a division of the parties’ assets or determining the marital share of comingled assets acquired during the marriage as well as the division of retirement accounts of both or one of the parties.

These issues today create problems for the parties unless they are in agreement for a resolution. Having said that, many people are in agreement on resolving these issues if in fact they can be resolved and that can be done through a Separation Agreement which would be done first before the filing of the divorce. However, if these issues cannot be resolved through a Separation Agreement, then either party has the option of filing a petition for divorce and requesting the assistance of a judge in resolving those issues.

There are also the issues of whether or not either of the parties has an action against the other for a divorce based upon adultery or desertion or cruelty which that party feels should be brought to the attention of the Court. Cases that reach this stage are more likely than not are always going to be contested and it’s the job of the attorney to assist in first trying to diffuse these matters if possible and if not then to follow the path of litigation.

Hopefully many of these situations can be resolved and that’s where an experienced attorney comes in. Mr. Kaydouh has almost 40 years of experience involving resolving these issues and having someone with that experience is worthwhile for the client as in the long run it saves you substantial legal fees.

Issues Concerning Virginia Military Family Law

We have many residents in Virginia who are a part of the military and have acquired substantial benefits through the military that cover health insurance, savings and retirement, and there are also jurisdictional issues which may come up because for many members of the military involved in litigation in Virginia, Virginia may not be their domicile and that is an issue that has to be resolved as well. Mr. Kaydouh has substantial experience in resolving these types of cases and before anything is done you should give Mr. Kaydouh a call to discuss these issues.

LGBT/Same-Sex Family Law Issues

As of October 2014, same-sex marriage became legal in Virginia. If you were married in a state that legally allowed same-sex marriage, you are now legally married in Virginia and afforded all of the rights and obligations of a legally married couple.

You may now get divorced in Virginia and all of the rights and privileges as well as obligations of marriage, including but not limited to spousal support, child support, child custody, child visitation, equitable distribution and fault based divorces are now available to you.

Many same sex couples, prior to same-sex marriages becoming legal in Virginia, may have had written agreements as to ownership of property such as real estate, personal collections, etc. and it is necessary for the attorney to review those agreements to see whether or not they constitute a form of a prenuptial agreement or in fact is a contract between the parties as to the division of those properties should their marriage dissolve.

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