“Great lawyer, much appreciated help from Chiusano”
If you can’t agree with your spouse on all these issues concerning your divorce your case may be decided at a trial. This contested divorce proceeding would address the issues the two of you can’t resolve. Though the vast majority of divorce cases are settled through an agreement, there are some where the spouses just can’t put aside their differences. ACS Law represents those going through divorces, including those resolved in a courtroom.
There are many reasons why negotiations for a divorce settlement fails.
- One party may believe the other is being dishonest and can’t be trusted.
- One or both parties may be unreasonable and not accept fair and sensible settlement terms.
- One or both spouses may have strongly held views about child custody or visitation. One parent may believe the other will neglect or abuse a child and wants to limit his or her time with the other parent.
- If a spouse owns a business the two may dispute whether the other spouse should get a share of that ownership or compensation instead of partial ownership. There may be disagreements on the value of the ownership.
- There may be disagreements on the amount and length of spousal support.
If the spouses can agree on some issues, but not others, those issues that remain unresolved would be the subject of the litigation. As part of litigation, the parties would go through the discovery process where the parties share information and documents. There would be depositions where the parties and witnesses would be asked questions from contested divorce attorneys representing both sides under oath.
Often information learned during discovery can show the strengths or expose the weaknesses in a party’s position and lead to a negotiated agreement. Virginia Beach contested divorce lawyers also learn how well or poorly witnesses may perform at a trial and advise their clients a trial may harm or help their case.
If a divorce case does go the trial any and all relevant issues could be the subject of testimony and the introduction of evidence, including,
- Substance abuse, physical abuse, criminal behavior or other issues that impact the fitness of a parent seeking custody of a child.
- The parents’ relationships with their children.
- Psychologists may be called to testify on the fitness of one or both parents and make recommendations on child custody and visitation issues.
- Your debts, assets and income.
- If one spouse owns a business, what form that ownership takes and the value of the ownership. The financial situation of the business could be explored.
- The professional and financial sacrifices one spouse made in order to support the other spouse or to raise children.
Many intimate and potentially embarrassing topics could be discussed in open court and be the subject of documents that are part of the evidence used. Court proceedings are open to the public.
If a divorce can’t be resolved, ACS Law can aggressively represent your legal rights and interests at a trial. We work hard to make sure your case gets a full and proper hearing while the judge and jury learn fully why your spouse’s positions aren’t supported by the facts and law. Being able to litigate well is a skill that’s learned over time. You can trust ACS Law to take your divorce case to trial to give you the best chance of meeting your goals.
If you live in the Virginia Beach area and have questions or concerns about a family law issue, or you need legal representation in a family law matter, call Abrons, Chiusano & Sceviour at (757) 644-6789 or fill out our contact form to schedule a consultation today.