Divorce Granted: Taking the Contest Out of Contested Divorce

Through discussion with the opposing counsel we were able to get the property settlement agreement signed and enter a consent order that effectively dismissed the counterclaim.

Location: Chesterfield County Circuit Court

Verdict: Counterclaim Dismissed; Divorce Granted

A mother recently came to our firm seeking a divorce.

We initially attempted to prepare a property settlement agreement for her spouse, but the spouse refused to review or acknowledge the property settlement agreement.

The mother was having a hard time communicating with her spouse, and there had been no financial support for their child at the time.

The required statutory period for filing a no fault divorce came up, and the firm filed for divorce for her.

However, the spouse then hired an attorney to contest the divorce for custody and support by means of a counterclaim to the divorce.

The contest to custody appeared to come out of a misunderstanding based on a lack of communication between the spouses, which is common.

Through quick action, I reached out to the opposing counsel and began discussing terms. In doing so, I was able to identify the true issue of the opposing spouse, visitation rights.

From there, the client and I were able to come up with a modified property settlement agreement to propose to the other spouse.

Through discussion with the opposing counsel we were able to get the property settlement agreement signed and enter a consent order that effectively dismissed the counterclaim.

My client was able to get primary physical custody of her child with visitation rights to the opposing party. She was also able to get child support included within the agreement and order.

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