Garrisonville, Virginia · Contested Divorce
A divorce becomes contested when you and your spouse cannot agree on something that matters, property, support, or the children. It does not mean a courtroom war, and most contested cases still settle. Let me give you the honest roadmap, from the first filing to the final resolution, so you know what each stage is for.
By Alisa Chunephisal, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger divorce guide. For the full picture, start with our cornerstone, Divorce in Virginia. Here, I will focus on the contested process.
What makes a divorce contested
A case is contested when there is at least one issue the two of you cannot resolve on your own. It might be how to divide the house or retirement, whether one spouse pays support, or where the children live. The divorce itself is rarely the dispute, the terms are. Narrowing those open issues is what the whole process is built to do. For the overview, see our contested divorce page.
The roadmap, stage by stage
A contested case usually moves through the same stages. It starts with a complaint, which is served on the other spouse, who then files an answer. Early on, the court can enter temporary orders, called pendente lite orders under Va. Code § 20-103, to set support, custody, and use of the home while the case is pending. Then comes discovery, the formal exchange of information under the Rules of the Supreme Court of Virginia, where each side gathers documents and answers. Most cases settle after discovery. If yours does not, it goes to trial, where a judge decides the open issues.
A Word About Temporary Orders
Do not underestimate the pendente lite stage. Those temporary orders set the rules for who pays what, who lives where, and the parenting schedule for the months the case is open. They often shape the final outcome, because they establish a status quo. Take that early hearing as seriously as the trial itself.
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If the children are part of it
When custody is one of the contested issues and you cannot agree, the court decides it by the best interests of the child under Va. Code § 20-124.3, weighing each parent’s relationship and role, the child’s needs, and each parent’s willingness to support the child’s bond with the other. The same evidence-gathering that applies to property applies here, which is one reason custody disputes add time and cost.
Where a Garrisonville case is filed
A Garrisonville divorce is filed in the Stafford Circuit Court, the 15th Judicial Circuit, at the Judicial Center, 1300 Courthouse Road, Stafford, Virginia 22554, which serves all of Stafford County.
“Contested does not mean trial. It means there are issues to work through, and most of them get worked out before a judge ever rules.”
Alisa Chunephisal, Esq. · Founding Partner
Alisa’s Practical Advice
Three habits help in a Garrisonville contested divorce. First, treat the temporary-orders hearing seriously, because the status quo it sets often carries into the final result. Second, stay organized through discovery, since the side with clear records and honest answers tends to negotiate from strength. Third, keep settlement on the table the whole way, because most cases resolve before trial, and a negotiated outcome usually beats a decision handed down by a judge who does not know your family. Aim to narrow the issues at every stage.
Win the temporary stage, stay organized in discovery, and keep settling. That is how contested cases end well.
Authoritative References
Sources
- Code of Virginia, § 20-103. Pendente lite orders for support, custody, and use of the home while a divorce is pending. law.lis.virginia.gov/vacode/title20
- Code of Virginia, § 20-124.3. Best interests of the child, the standard for deciding contested custody. law.lis.virginia.gov/vacode/title20
- Rules of the Supreme Court of Virginia, Part Four. Discovery in civil cases, including divorce. vacourts.gov/courts/scv/rulesofcourt
- Stafford Circuit Court (15th Judicial Circuit). Divorce filing at the Judicial Center, 1300 Courthouse Road, Stafford, VA 22554, serving Garrisonville. staffordcountyva.gov/government/courts/circuit_court
Statutory and procedural rules verified as current as of June 2026.
Frequently Asked Questions
What makes a divorce contested?
A divorce is contested when you and your spouse cannot agree on one or more issues, such as dividing property or retirement, spousal support, or custody. The disagreement, not the decision to divorce, is what makes it contested. The process is designed to narrow and resolve those open issues, by agreement where possible and by the court where necessary.
Does a contested divorce always go to trial?
No. Most contested divorces settle before trial, often after discovery gives both sides a clear picture. Trial is the path when the spouses still cannot agree on the remaining issues, and there a judge decides them. Keeping settlement open throughout usually leads to a faster, less costly, and more predictable outcome than a trial.
What are pendente lite orders?
They are temporary orders, under Va. Code § 20-103, that the court can enter early to set support, custody, and use of the home while the divorce is pending. They keep the family stable during the case, and because they establish a status quo, they often influence the final result. The early hearing that sets them deserves real attention.
What is discovery?
Discovery is the formal exchange of information between the spouses under the Rules of the Supreme Court of Virginia. It can include written questions, requests for documents, and depositions. The point is to put the facts, the finances, the assets, the relevant history, on the table so the case can be evaluated and, in most instances, settled on an informed basis.
How is custody decided if we cannot agree?
By the best interests of the child under Va. Code § 20-124.3. The court weighs each parent’s relationship and role, the child’s needs, each parent’s willingness to support the child’s bond with the other, and the other statutory factors. As with property, the disputed facts are developed through the case, which is part of why contested custody adds time and cost.
When You Are Ready
Let’s map the road through your Garrisonville divorce.
Tell me what is in dispute, and I will help you see the stages ahead and where your case is likely to resolve. The first call is a conversation, not a commitment.