Divorce Lawyers Chesapeake

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Divorce Lawyers Chesapeake

If you are facing a divorce, you need an experienced divorce lawyer on your side. The fact is that the terms of your divorce will significantly affect your parental rights and your financial future, and these are both too important not to bring your strongest case. With a dedicated divorce lawyer in Chesapeake on your side, you can move forward toward divorce with the confidence that comes from knowing you are making well-considered decisions under professional legal guidance. 

Divorce Requirements

The State of Virginia allows for no-fault divorces, which means it isn’t necessary to prove that your spouse did something to cause your divorce. When a Virginia divorce is predicated on fault, however, the basic categories include:

  • Adultery
  • Cruelty
  • Confinement of at least one year for a felony
  • Causation of fear
  • Willful desertion of at least one year

It’s important to note that even if your divorce is no fault (which the majority are), the fact of fault on the part of your spouse can play a significant role in your divorce terms. In order to obtain a no-fault divorce, the following residency requirements must be met:

  • One of you must have lived in the state for at least six months prior to filing.
  • You and your spouse must have been separated for at least a year prior to filing.
  • If you and your spouse have reached settlement terms that you both accept and you share no minor children, the one-year separation requirement is reduced to six months. 

Dividing Your Marital Property

One of the major hurdles of any divorce is dividing the marital property. Marital property refers to those assets that you amassed during the course of your marriage, and it is intended to be divided equitably in the event of a divorce. Equitably means fairly – in relation to the circumstances involved – and does not necessarily mean equally. Marital property remains marital property regardless of who makes the payments or who signs for the purchase. Separate property that you had before your marriage and that you kept separate throughout your marriage will remain just that – your separate property. 

Child Custody Arrangements

Much like the division of marital property, child custody arrangements can quickly become complicated – and contentious. In Virginia, child custody is referred to as a parenting plan, but the basics remain unchanged. Custody refers to both legal custody (who makes the major parenting decisions) and physical custody (your scheduled time with your children), and both can be either sole or joint. Because the court always rules in the best interests of the children and believes that children are usually best served by spending time with both parents, it is rare for one parent to be completely written out of this equation.

Don’t Wait to Consult with an Experienced Divorce Lawyer in Chesapeake

The respected Chesapeake divorce lawyers at Mahoney Richmond Thurston, PLLC, understand the serious nature of your divorce concerns and are well-positioned to help. Our adept legal team is in your corner, so please don’t hesitate to contact us for more information about how we can help today.