Skilled Divorce Lawyers
No one goes into a marriage planning on getting divorced, but for some people, it is one of the curveballs that life throws them. Whether you are still considered a newlywed, you have been married long-term, or fall somewhere in between, divorce is never an easy transition. It can be draining, confusing, and expensive. The right divorce attorney can help make this process more manageable.
Our attorneys at Mahoney Richmond Thurston, PLLC, have dedicated their careers to family law. Based in Virginia Beach and serving clients throughout Hampton Roads and beyond, we bring decades of hands-on experience to every divorce case we handle.
Who We Serve
Every divorce client has their own challenges, concerns, and goals. At Mahoney Richmond Thurston, PLLC, we regularly represent:
- Spouses who are still considering divorce and have questions about what would happen with the house, finances, children, support, or the court process.
- Spouses who are ready to file but are unsure about the required paperwork, how the other spouse gets served, or what happens once the case begins.
- Parents going through divorce who need to resolve where their children will live, how parenting time will work, who will make major decisions, and how child support fits into the overall picture.
- Spouses leaving unsafe or high-conflict marriages, including situations that involve safety concerns, protective orders, emergency court matters, or a spouse who is making the process more difficult.
- Doctors, executives, business owners, and high-income professionals with complex assets, professional practices, bonuses, or equity who need attorneys who understand how those issues affect property division, support, and custody.
We are ready to provide the information you need to make informed decisions about your future, no matter where you are in the process.
What You Need to Know About Divorce in Virginia
How to File for Divorce
Filing for divorce in Virginia involves several steps, beginning with meeting the state’s residency requirements. At least one of the spouses must have lived in Virginia for at least 6 months before filing. The process generally includes:
- Filing a Complaint: One spouse files a formal complaint for divorce with the appropriate Circuit Court.
- Serving the Complaint: The other spouse must be formally served with the divorce papers.
- Responding to the Complaint: The served spouse has a specific period to file a response with the court.
- Discovery: Both parties exchange information and documents related to their assets, debts, and other relevant matters.
- Settlement or Trial: Spouses may negotiate a settlement agreement. If an agreement cannot be reached, the court will schedule a trial to resolve the issues.
Types of Divorce
Virginia recognizes two general types of divorce: contested and uncontested.
In an uncontested divorce, the spouses reach agreements on the key issues that must be resolved when ending a marriage, such as dividing property, spousal support, child support, custody, and parenting time. These agreements can be reached through mediation or negotiations between the parties’ respective attorneys.
In a contested divorce, the spouses are unable to agree on key issues. They may be unwilling to negotiate from the start, or they may attempt mediation or negotiations without success. When that happens, the circuit court in the relevant jurisdiction will decide the terms of the divorce.
Many couples try to avoid contested proceedings because doing so keeps control over important decisions in their own hands. It is generally more practical to negotiate the terms of a divorce than to have a judge who does not know you or your family determine your future.
What a Divorce Attorney Does for You
In either type of divorce, having your own attorney is important. A divorce attorney can:
- Help you understand your options.
- File divorce motions with the court.
- Be present during mediation or negotiation sessions.
- Manage expectations throughout the process.
- Request modifications to the divorce decree when circumstances change.
- Review and enforce any pre- or post-nuptial agreements.
You are not legally required to have an attorney, but going without one carries real risks. Without experienced legal representation, you may miss important filing deadlines, overlook your rights, or jeopardize your finances and your children’s living arrangements. Keep in mind that you and your spouse must each have separate attorneys. If your spouse retains legal counsel, that attorney represents their interests alone.
Why Choose Mahoney Richmond Thurston, PLLC
When you are choosing a divorce attorney, experience matters, but so does the approach your legal team takes to your case. At Mahoney Richmond Thurston, PLLC, we have built our reputation on providing thoughtful counsel, strategic advocacy, and personalized representation. Here are a few reasons clients throughout Virginia Beach, Hampton Roads, and beyond turn to our firm:
- A Team-Based Approach: We draw on the collective knowledge of our attorneys and staff to develop more creative and effective strategies.
- Cross-Disciplinary Insight: We understand how divorce and family law matters intersect with business valuation, real estate, psychology, and reproductive science, which can be important in complicated cases.
- Versatile and Strategic Counsel: We help clients explore all available resolution methods, including mediation and negotiation, to reach an amicable agreement outside of court. However, when litigation is necessary to achieve your goals, our experienced trial lawyers are always prepared to advocate for you in the courtroom.
- Recognized Excellence: Our founding attorneys have received prestigious recognitions, including Best Lawyers in America, Super Lawyers, Virginia Legal Elite, and Top Attorneys in Virginia by Richmond magazine. They have also been recognized by Coastal Virginia and CoVa Biz magazines and have earned the Martindale-Hubbell AV Preeminent rating.
Schedule a Divorce Consultation Today
Whether your case is simple or complex, we have the experience and tools to work toward the best possible outcome for you and your family. Contact Mahoney Richmond Thurston, PLLC, to schedule your divorce case consultation today.
FAQs About Divorce in Virginia
What are the grounds for divorce in Virginia?
Virginia recognizes two grounds for divorce: fault-based and no-fault. No-fault divorce requires living separate and apart for six months (with a separation agreement and no minor children) or twelve months. Fault-based grounds include adultery, cruelty, desertion, felony conviction, and addiction to alcohol or drugs.
Do I have to attend court hearings during the divorce process?
Most divorces in Virginia require at least one court appearance for the final hearing. However, if your case settles through negotiation or mediation, the amount of court time may be minimal. Contested cases involving disputes over custody, support, or property division typically require multiple hearings.
How long do divorce proceedings take in Virginia?
Uncontested divorces can be finalized in 3-4 months after meeting separation requirements. Contested divorces often take 6-18 months, depending on case complexity. Cases involving significant assets, custody disputes, or other complications may take longer to resolve.
How will my property be divided during a Virginia divorce?
Virginia follows equitable distribution principles, dividing marital property fairly but not necessarily equally. The court considers factors such as the length of the marriage, each spouse’s contributions, and future financial needs. Separate property that was owned before marriage or received as a gift or inheritance typically remains with the original owner.
What are the signs our divorce will be contested?
Your divorce may become contested if you and your spouse disagree about child custody, spousal support, property division, or debt allocation. Communication breakdowns and refusal to negotiate are often signs that a contested proceeding may be ahead.