Fairfax County Family Law · Contested Divorce
Most people hear the word “contested” and picture a courtroom showdown. In Fairfax, it rarely starts there, and it often does not end there either. A contested divorce simply means you and your spouse have not signed off on everything yet. Let me show you what the process actually looks like, step by step, so it feels less like a mystery and more like a path you can walk.
By Corrie Sirkin, 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 path alone.
What “contested” really means
A divorce is contested when you and your spouse have not reached a signed agreement on every issue. That can be custody, child or spousal support, or the division of property and debt. Even one unresolved piece makes the case contested. It does not mean you are headed to a trial, and it does not mean you are enemies. It means there is still something to work out, and the law provides a structured way to do so.
It starts with a filing, and a 21-day clock
One spouse files a Complaint for Divorce stating the grounds, then has it served on the other. Once served, your spouse has 21 days to file an Answer, and they may also file a counterclaim of their own. (Va. Code § 20-91) That exchange sets the issues in dispute and starts the case moving.
The pendente lite hearing sets the rules for right now
Because a contested case can run a year or more, you cannot wait for the end to settle the basics. Either side can ask for a pendente lite hearing, a short temporary hearing where the judge decides who stays in the home, who pays what, and how custody and support work while the case is pending. In Fairfax these hearings are often brief, sometimes around thirty minutes, so they preserve the status quo rather than decide the whole case.
Discovery is where the real work happens
Discovery is the fact-finding stage. Each side exchanges financial records, tax returns, bank and retirement statements, and answers written questions under oath. Attorneys can take depositions, where parties and witnesses answer questions on the record before any trial. This is the stage that turns arguments into numbers, and it is usually what makes a fair settlement possible.
A Word About Fault
Virginia lets you plead fault grounds such as adultery, cruelty, desertion, or a felony conviction. Fault can matter to the money, because the circumstances that ended the marriage are one of the factors a judge weighs when dividing property, and proven adultery can bar a spouse from receiving support in many cases. Pursuing fault also has costs and tradeoffs, so it is a decision we weigh carefully before we ever file on those grounds.
Not sure if your divorce has to be contested?
A short conversation can show you which issues are truly in dispute and which can be settled. No pressure, no commitment.
Settlement is still the most likely ending
A contested case can settle at any point. Once both sides can see the real numbers, most couples reach a signed agreement rather than hand every decision to a judge. The moment that agreement is signed, the contest is over, and the rest of the divorce moves quickly.
If it goes to trial, a judge decides
When some issues simply will not resolve, the case is tried in the Fairfax Circuit Court, the 19th Judicial Circuit, at 4110 Chain Bridge Road in the City of Fairfax. A judge hears the evidence and decides, since Virginia divorce cases are decided by a judge and not a jury. On property, the judge applies the equitable distribution factors in Va. Code § 20-107.3 to reach a fair division.
So how long does it take?
Most contested cases run about twelve to twenty-four months from filing to final order, and very complex or high-conflict cases can take longer. The good news is that the temporary orders from the pendente lite hearing keep life stable while the case works through each stage. For the full walk-through of how a contested case is built, see our contested divorce practice area page.
“Contested almost never means we are going to trial. It means we have not finished negotiating yet. Most of my Fairfax cases settle the moment both sides see the real numbers.“
Corrie Sirkin, Esq. · Founding Partner
Corrie’s Practical Advice
Three habits move a contested Fairfax case toward settlement faster. First, gather three years of financial records early, your tax returns, pay records, account statements, and any business documents, because discovery goes faster when the paper is already in hand. Second, treat social media as evidence, since your posts can and do show up as exhibits. Third, keep the children out of the conflict, because using them as messengers hurts your case and your family.
The faster discovery is finished, the sooner you can settle on terms you helped shape.
Authoritative References
Sources
- Code of Virginia, § 20-91. Grounds for divorce, including no-fault and fault grounds. law.lis.virginia.gov/vacode/title20
- Code of Virginia, § 20-107.3. Equitable distribution of marital property and the factors a court applies. law.lis.virginia.gov/vacode/title20
- Fairfax County Circuit Court. Divorce procedures and filing for the 19th Judicial Circuit. fairfaxcounty.gov/circuit
Process and statutory rules verified against current Virginia law and Fairfax Circuit Court procedures as of June 2026.
Frequently Asked Questions
What makes a divorce contested in Virginia?
A divorce is contested when the spouses have not signed an agreement resolving every issue, such as custody, support, or the division of property and debt. Even a single unresolved issue makes the case contested. It does not require hostility or a trial, and the case can become uncontested the moment a complete signed agreement is in place.
How long does a contested divorce take in Fairfax County?
Most contested cases take about twelve to twenty-four months from filing to final order. Highly complex or high-conflict cases can take longer. The timeline depends on the issues in dispute, the discovery needed, and the court’s calendar. Temporary orders from a pendente lite hearing keep custody, support, and housing stable while the case proceeds.
Does a contested divorce mean we go to trial?
Usually not. Most contested divorces settle through negotiation or mediation once both sides have exchanged financial information and can see the real numbers. A trial happens only when some issues cannot be resolved any other way. In Virginia, a divorce trial is decided by a judge, not a jury.
What is a pendente lite hearing?
It is a short temporary hearing where a judge sets the rules while the divorce is pending, including temporary custody, child and spousal support, and who stays in the marital home. In Fairfax these hearings are often brief. They preserve the status quo and do not finally decide property rights, which are resolved later by agreement or at trial.
Does fault affect a contested divorce in Virginia?
It can. Fault grounds such as adultery, cruelty, desertion, or a felony conviction can be pleaded, and the circumstances that ended the marriage are one of the factors a court weighs when dividing property under Va. Code § 20-107.3. Proven adultery can also bar a spouse from receiving spousal support in many cases, subject to exceptions a court may apply.
When You Are Ready
Let’s map out your Fairfax contested divorce together.
Tell me what is in dispute, and I will help you see the path and your options clearly. The first call is a conversation, not a commitment.