Practice Areas

Divorce is one of life's most stressful experiences. Children, finances, jobs, home and extended family relationships are all impacted. Our experienced and understanding attorneys and staff will ease the anxieties that arise during this difficult juncture in your life.

The dissolution of a marriage whether by divorce or annulment involves various and the remedies the court can grant the parties depending on the unique facts of your case. These remedies may include equitable distribution of assets and debts acquired during the marriage, spousal support, child custody and parenting time, child support, and other related relief. Usually it is these, rather than the divorce, that are the subject of significant disputes. The law governing what the court can or may do is complex, and the judges who decide family law cases have wide discretion in implementing them. It is therefore crucial to have an attorney who is not only knowledgeable of the intricacies of the statutes and case law governing family law, but who is also competent in presenting cases in the local court where your case will be litigated.

In 2022, the jurisdiction of the Court of Appeals of Virginia was expanded to grant a right of review for all civil cases in Virginia. Previously, the only civil cases to receive review in the Court of Appeals were family law and workers compensation cases. Other civil cases could be appealed to the Supreme Court of Virginia where only a select few were accepted for review. Having practiced in the family law field for decades, the attorneys at Cottrell Fletcher and Cottrell have extensive experience briefing and arguing cases in the Court of Appeals.

These appellate advocacy skills are transferable to any area of civil law practice. The attorneys at Cottrell Fletcher and Cottrell are prepared to handle appeals in any Virginia state court civil litigation matter.

Some cases that have been litigated in a trial court present novel issues of law or a question of trial court discretion so stark as to raise the possibility of reversal by an appellate court. Other times your favorable result in a trial court may be put in jeopardy by an appeal brought by the opposing party. In either case, it is crucial to have an attorney who is experienced in appellate advocacy. An experienced appellate attorney can advise you on whether or not you have an issue that is a reasonable subject for appeal (not all adverse trial court decisions are appropriate for appellate review), and will know how to present the appeal in accordance with the strict procedural rules applied in the appellate courts. Alternatively, an experienced appellate attorney can look for procedural and substantive weaknesses in the appeal brought by the other side and work to preserve your favorable judgment from the trial court.

Families with high incomes and valuable assets present complex problems in the event of divorce. The classification of assets as separate or marital property will have a decisive impact on the equitable distribution award. To the extent that an asset is marital property, the parties must present evidence of the value of the property. The valuation and division of closely held business interests present numerous legal and practical considerations. Familiarity with the leading expert witnesses and their methodologies for valuation is a must. If any such assets are at issue in your case, you will need attorneys like those in our firm who are experienced with the intricacies of classification, valuation and division before Virginia courts.

In Virginia, child custody and parenting time decisions are governed by what the statute describes as the “best interests of the child.” In custody cases, the court considers factors such as the age and health condition of the child and each parent, the relationship between each parent and the child, the needs of the child, the role of each parent in the upbringing and care of the child, the reasonable preference of the child, and more.

One of gravest concerns in a divorce or custody case is how your children will be affected by the outcome. It is necessary to establish a workable plan as to who has legal authority to make decisions on their behalf, as well as what is in the child’s best interests. How much time a child will spend with each parent is often difficult and wrought with emotion. Our role is to listen carefully to your concerns and understand your family’s background to determine and develop a strategy for attaining what is best under your particular circumstances.

We will assist you to understand the factors considered by the court and work with you to create a custody and parenting time schedule that is both in the best interests of your child and you. We have experience in handling all custody matters, including relocation to another county, state or country; child abduction domestically and internationally, including federal cases involving The Hague Treaty on International Child Abduction; emergency situations that involve mental health concerns, substance abuse and/or child abuse; and many other difficult and contested situations.

All competent divorce attorneys have as their goal a complete and comprehensive settlement of the case by agreement if at all possible. Voluntary resolutions have the advantage of privacy, finality, and are often more flexible than what a court ordered determination might be due to restrictions the law imposes. There are also significant cost savings to be achieved through settlement. Many cases that start out as highly contested are resolved before trial. A popular and highly effective means of achieving such voluntary resolutions is mediation, often with the assistance of a retired judge who in many instances may have just recently been a sitting judge deciding the kinds of issues presented in your case in the very court where your case is pending. The entire process in such cases is confidential, and concessions made to attempt resolution cannot be introduced into evidence should the mediation fail and the case ends up being tried. Judges assisting in mediation are facilitators, may if asked be evaluative, but have no power to impose a solution – the parties must agree. We have found that many cases can be successfully resolved through this medium and we routinely represent clients in the process in the privacy of our office. Our extensive, actual trial experience will provide you with a sensible and informed basis on which to decide if an offer in mediation is better or the equivalent of the alternative which is to proceed to trial.

All competent and experienced attorneys collaborate on matters that ease the decision-making process for the judge and minimize unnecessary and laborious presentations that only increase costs for the clients. The goal of our firm is to settle your case if at all possible but to be prepared to try the case if necessary. Civil discourse and respectful pursuit of your goals in an ethical manner is compatible with our duty of zealous representation. In that sense, we are collaborative. However, we do not enter into agreements promising not to litigate or confine our role to negotiations that may be considered neutral to both parties. We do not represent your spouse's interest: we are advocates for you alone.