In Arlington County, a contested divorce under Va. Code § 20-91 requires proving fault or completing a 1-year separation; Law Offices Of SRIS, P.C. has 115 documented case results in Arlington County. A Contested Divorce Lawyer Arlington County can guide you through this process.
What Is a Contested Divorce in Virginia?
A contested divorce occurs when spouses cannot agree on one or more issues—property division, spousal support, child custody, or child support—and must ask the court to decide. Under Va. Code § 20-91, Virginia allows no-fault divorce after a 6-month separation (if no minor children and a signed separation agreement exists) or a 1-year separation (if minor children are involved). Fault grounds include adultery, cruelty, desertion for one year, or a felony conviction with imprisonment for one year or more. The court applies Va. Code § 20-107.3 (equitable distribution) to divide marital property fairly but not necessarily equally. Mr. Sris, founder of Law Offices Of SRIS, P.C. (founded 1997), personally amended Va. Code § 20-107.3, giving the firm unique insight into this statute. A Contested Divorce Lawyer Arlington County understands these statutory requirements.
Last verified: April 2026 | Arlington County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For a contested divorce specifically, the primary statute governing the grounds and process is Va. Code § 20-91. A contested divorce is a divorce action where the parties cannot reach a mutual agreement on all terms, requiring the court to resolve disputed issues through hearings or a trial. This differs from an uncontested divorce where a signed property settlement agreement resolves all matters. Your Contested Divorce Lawyer Arlington County will use this statute as the foundation of your case.
For the official text of Virginia’s divorce laws, see Va. Code § 20-91 (divorce grounds) and Va. Code § 20-107.3 (equitable distribution). For court procedures, visit the Arlington County General District Court website.
Insider Procedural Edge for Contested Divorce in Arlington County
Arlington County Circuit Court handles all divorce, equitable distribution, and spousal support matters. Arlington County Juvenile and Domestic Relations Court handles standalone custody, visitation, child support, and protective orders. Virginia requires at least one corroborating witness for an uncontested divorce hearing. A property settlement agreement signed by both parties can resolve all issues without trial. Mediation is available but not mandatory in Virginia. Forensic accountants and business valuators are used for complex marital estates.
- File the Complaint: Your attorney files a complaint for divorce in Arlington County Circuit Court, stating the grounds (fault or no-fault) and the relief sought.
- Serve the Spouse: The other spouse must be formally served with the complaint and summons, either by sheriff ($12 fee), private process server ($50-$100), or waiver of service.
- File a Response: The spouse has 21 days to file an answer or other responsive pleading. If they disagree with any terms, the case becomes contested.
- Discovery Phase: Both sides exchange financial documents, interrogatories, and depositions to gather evidence about assets, debts, income, and custody issues.
- Attempt Mediation: The court may order or the parties may agree to mediation to try to resolve disputed issues before trial.
- Trial or Final Hearing: If no agreement is reached, the case proceeds to a contested trial where the judge decides all unresolved issues. A final decree of divorce is entered after the hearing.
A Contested Divorce Lawyer Arlington County handles each step of this process.
In Arlington County, a contested divorce involves court costs and potential attorney fees, with no fixed penalty but significant financial and personal stakes.
| Issue | Classification | Potential Outcome | Costs/Fees | Timeline Impact | Additional Consequences |
|---|---|---|---|---|---|
| Property Division | Equitable Distribution | Court divides marital property fairly | Attorney fees: $5,000-$20,000+ | 9-18 months | Business valuation costs if applicable |
| Spousal Support | Determined by 13 factors | Monthly payments ordered | Attorney fees: $3,000-$10,000+ | 9-18 months | Modification possible later |
| Child Custody | Best interests of child | Sole or joint custody order | Attorney fees: $5,000-$15,000+ | 9-18 months | Guardian ad Litem fees: $500-$2,500+ |
| Child Support | Virginia guidelines | Monthly payment calculated | Attorney fees: $2,000-$8,000+ | 9-18 months | Wage withholding possible |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Contested Divorce?
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has documented 4,739+ case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C., with a 93%+ favorable outcome rate. Our tagline is “Advocacy Without Borders.” Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute—a credential no other family law firm in Arlington County can claim. This amendment directly affects how marital property is divided in contested divorces. Our team includes Samantha Rae Powers, a dedicated family law attorney with 18+ years of experience and a Ph.D. in Communication, who brings deep insight into client advocacy. A Contested Divorce Lawyer Arlington County from our firm provides this level of experience.
Case Results in Arlington County
Law Offices Of SRIS, P.C. has 115 total documented case results across all practice areas in Arlington County, with a 100% favorable outcome rate. Examples include a domestic assault charge dismissed (nolle prosequi) in Arlington County Juvenile and Domestic Relations Court, and an assault charge dismissed in Arlington County General District Court.
Results may vary. Prior results do not guarantee a similar outcome.
Our Arlington County Location
Our Arlington location is at 1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209, serving clients at the Arlington County courts (1425 N. Courthouse Rd). We are accessible via major highways. We serve the neighborhoods of Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington.
Looking for a “contested divorce lawyer near Arlington”? We are here to help.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
By appointment only.
Frequently Asked Questions About Contested Divorce in Arlington County
How long does a contested divorce take in Arlington County?
It depends. A contested divorce in Arlington County typically takes 9-18 months from filing to final decree. Complex cases involving business valuation or retirement assets can take 12-24 months. Pendente lite hearings for temporary support and custody are usually set within 21-60 days of filing a motion.
How much does a contested divorce cost in Arlington County?
It depends. Costs include the Circuit Court filing fee (approximately $86), service of process ($12 sheriff or $50-$100 private), and attorney fees which can range from $5,000 to $20,000 or more for a fully contested case. Guardian ad Litem fees for custody disputes typically add $500-$2,500+.
Is Virginia a community property state?
No. Virginia is an equitable distribution state—marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Separate property (pre-marriage, inheritance, gifts) is excluded from division.
How is child custody decided in a contested divorce in Arlington County?
Custody is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Arlington County J&DR Court handles standalone custody; Circuit Court handles custody within divorce cases.
What are the grounds for a contested divorce in Virginia?
No-fault grounds require a 6-month separation (no minor children with signed agreement) or 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion (1 year), or felony conviction (1+ year imprisonment). Your attorney files the complaint in Arlington County Circuit Court.
Last verified: April 2026. Information current as of this date. Laws change—contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.
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