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Cottrell & Fletcher Cottrell & Fletcher
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FAQ

  • Practices

    • Divorce

      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.

    • Appeals

      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.

    • High Net-Worth Divorce
      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.
    • Child Custody & Visitation

      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.

    • Mediation
      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.
    • Collaborative Family Law
      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.

  • Good to Know

    • Does Cottrell Fletcher & Cottrell settle cases?
      Our primary goal is to settle cases amicably, whenever possible and consistent with your best interests. We recommend and encourage alternate dispute resolution such as mediation as a means of assuring privacy and reducing expense. Regrettably, some cases cannot be settled, and when that is the situation, we are ready for trial.
    • Is Cottrell Fletcher & Cottrell aggressive in its representation?
      We are as aggressive as a situation dictates. There are certain instances where aggression may be detrimental to your case. Our experience and professional judgment permits us to zealously represent you.
    • Does Cottrell Fletcher & Cottrell handle cases outside of Virginia?
      No. We practice only in the courts of the Commonwealth of Virginia, but we are happy and able to provide you with referrals.
    • If I have a general question about representation that has not been answered above, who can I ask?
      E-mail your question to kpetersen@cottrellaw.com for a prompt reply. Do not include confidential information or legal questions. In the subject line of your e-mail, please make the notation “General Question” so that your e-mail can be distinguished as one of importance.
    • What should I do if I need to deliver something to my attorney?
      Please call the office first to make sure that your attorney or your attorney’s paralegal is available. If you stop by the office unexpected to see your attorney or the paralegal, neither may be available. We are engaged in conferences and deadlines on a daily basis which do not always permit interruption. If you are unable to call in advance to schedule a brief appointment, please leave the information with the receptionist or the attorney’s assistance.

  • Costs & Fees

    • If I retain Cottrell Fletcher & Cottrell, how will my case by billed?
      Cases are billed in increments of two-tenths of an hour at the rate of the attorney, paralegal, or law clerk working on your case at any given time. This is done in accordance with a detailed written contract for services referred to as the retainer agreement. The firm sends monthly statements to clients detailing billable hours charged and costs.
    • How are "costs" defined?
      Costs consist of services required in your case. This would include, but is not limited to, court reporters, copying charges, postage, couriers, private detectives, process servers, and experts.
    • Who is responsible for paying "costs"?
      You are responsible for paying all costs associated with your case.
    • Is there a way I can save money in my case?
      Remaining fully engaged in your case and timely responsive and organized to our requests for information and answers will streamline our legal efforts and be more cost-effective for you.
    • How much is a typical retainer or security fee deposit amount?
      The amount of the fee security deposit (retainer) varies with each case and depends on a variety of factors, including your chosen attorney, the legal circumstances, and the nature of your situation. For example, an uncontested divorce will require a lesser fee security deposit amount compared to one that involves custody issues, support issues, asset valuation and distribution. The consulting attorney will discuss the amount with you at the end of the consultation after being fully apprised of your case.
    • How much does a divorce or other family law matter cost?
      That depends on the complexity and nature of your case. There is no “flat rate” for a divorce because we cannot control the hours spent when our efforts are often affected by the actions of the other side. At the conclusion of our representation, any money remaining in your security fee deposit will be promptly refunded to you.
    • How much does an appeal cost?
      The cost of an appeal is more predictable because the trial court record is already established and the tasks for the appellate advocate are set out in discrete stages by the Rules of the Supreme Court of Virginia. A reasonable estimate of the overall fee for an appeal can be prepared after an initial consultation based on the number of issues to be argued, the size of the trial court record, and other factors.

  • Initial Consultation Expectations

    • How long is an initial consultation?
      Initial consultations usually last one hour, unless more time is specifically requested prior to the consultation or during the consultation.
    • How much does an initial consultation cost?
      Initial consultations are charged at the hourly rate of the attorney with whom you have an appointment. Rates of the attorneys in the firm vary, so the cost depends on the individual attorney. Rates are available upon request. Charges for initial consultations are due and payable the conference.
    • How do I schedule an initial consultation?
      Give us a call at (703) 836-2770 to schedule an initial consultation.
    • What should I bring to my initial consultation?

      You will obtain the maximum information and advice from your initial consultation if you bring the following:

      • A financial statement showing current assets and debts. Note any assets or property which you received through inheritance or by way of gift or bequest from someone other than your spouse, or are derived in whole or in part from pre-marital assets.

      • A short chronology of the marriage (e.g. date of marriage, names and dates of birth of children, purchases of major assets, and how problems leading to the dissolution of the marriage developed over time).

      • Current income information for both parties in the event that there is a spousal support or child support issue which must be addressed and calculated.

      • A list of specific questions that you would like to have answered during the conference.

      • If you have already been served with papers on behalf of your spouse, or if you are presently engaged in a divorce suit, or if you are in a modification or enforcement proceeding, bring copies of all correspondence, court papers, and documents you have received to date.

      • Any signed agreements, particularly pre-nuptial agreements or marital agreements should there be one between you and your spouse.

      • If you provide asset, debt, income, marital chronology documentation, court papers in ongoing suits, and a listing of your specific questions, so the attorney can better determine the issues involved, what will be required, and make sure that all of your questions are answered. Your prior preparation will make an efficient and thorough consultation possible.

    • Can you see me for an initial consultation if you have already seen my spouse?
      No, if any attorney in the firm has seen your spouse for an initial consultation, we will be unable to meet with you since it will be considered a conflict of interest.
    • My spouse and I have reached and agreement and want someone to prepare it. Can you represent me and my spouse for this purpose?
      No, under no circumstances do we represent both parties. We represent only your interests and act as your advocate.
    • Once I have had an initial consultation with an attorney in the firm, does the firm represent me?
      No, you must sign a written agreement and pay a fee security deposit to our firm to retain our services.
    • What forms of payments are accepted for an initial consult, retainer or monthly bill?
      Cash, check, wire transfers, money orders, Amex, Visa or MasterCard are accepted.
    • Will the attorney who I see for my initial consultation handle all aspects of my case?
      Not necessarily. There are smaller tasks in every case that can be effectively and more economically handled by another attorney, paralegal, or law clerk. Your attorney may assign certain tasks to an assistant attorney, paralegal, or law clerk as he or she deems appropriate. The primary attorney in your case will handle major trials, hearings, and complicated motions, and other matters for which you specifically request his or her presence. The firm clients often have motions and other trial matters that may overlap in the same court or different courts. For these scheduling conflicts you will be represented by a highly qualified attorney from our firm.
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