Family Considerations in a Contested Divorce

There are many factors to keep in mind when commencing a contested divorce in Virginia. Crucial considerations include the various surrounding family issues that are associated with a divorce. This is especially important when there are children involved in the marriage. The commonwealth even has specific laws that require a longer separation period beforehand when there are children involved. While many couples already reached the decision to end the relationship, there are legitimate reasons why this law is in place and like it or whether going through an uncontested or contested divorce in Virginia the separation period is still required.

Virginia views contested and uncontested divorces the same when in regard to separation periods. However, if children are involved, the state requires the couple to spend a longer time apart before making a final decision. When no children are part of the family a couple is required not to reside at the same address for six months. When there are children, and the impact a divorce might entail on their well being, Virginia requires a one year time frame. The rationale behind this is to provide a couple additional time when there are various family considerations to take into account and the actions of the couple are impacting more than just themselves. Again, this is the state’s opinion and reasoning behind the laws. Please feel free to add your comments on this legislation in the discussion area further below.

There are a variety of individuals that strongly believe in the necessity of this legislation or adamantly disagree. Regardless, when commencing a contested Virginia divorce, this is a consideration to keep in mind. The state does not view contested or uncontested divorces any differently. I am of the belief that this should play a role in the separation period since the surrounding family issues are likely more complex in a contested divorce. Nonetheless, I did not write the legislation nor later enacted these laws. There is always the option of moving to another state, such as Nevada, that does not have the same requirements as Virginia. Ultimately, I understand both vantage points, but am for less government regulation, and do not condone the state regulating the separation periods. Nonetheless, I see the rationale behind the laws, especially in contested cases. It is similar to the cooling off period to protect consumers with certain transactions, except the time frame is much longer. Please share your point of view about this and other family considerations involved in an uncontested or contested Virginia divorce.

Published by: admin on March 23rd, 2009 | Filed under Contested




One Response to “Family Considerations in a Contested Divorce”

  1. admin Says:
    March 26th, 2009 at 4:54 am

    I am interested to hear others’ thoughts about the family issues and considerations surrounding a contested divorce in Virginia. Please share your vantage points in the space by submitting a comment.

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