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.
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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’ve been married for decades, or fall somewhere in between, divorce is never an easy process. It can be emotionally draining, overwhelming, confusing, and expensive. Your divorce attorney can help make this process easier on you and less time-consuming.
Types of Divorces
In general, there are two different types of divorces; contested and uncontested. In an uncontested divorce, both spouses come to agreements on issues such as dividing marital property, spousal support, child support, custody, and parenting time. This could be through the process of a collaborative divorce, mediation, or merely through their respective attorneys.
In a contested divorce, the partners cannot agree on one or more of these crucial issues that must be dealt with when ending a marriage. They could decide from the beginning that they are not willing to compromise or negotiate, or they could attempt mediation or negotiations and not be able to agree. When this happens, the terms of the divorce will be determined by their jurisdiction’s circuit court. Many couples try to avoid contested divorces as this takes the control out of their hands. If possible, it is much easier to negotiate the terms of a divorce, than have a judge who does not know you or your family decide your future.
In either divorce scenario, it is imperative to have your own divorce lawyer. Your attorney can help manage your expectations, inform you of your rights, and be present if you choose to use a mediator. Divorce attorneys also fill an important role as they file divorce petitions and motions with the court and can ask for modifications of the terms of the divorce decree when appropriate. If you have a pre- or post-nuptial agreement, your attorney can ensure that it is valid and enforceable.
Do You Need a Divorce Attorney?
As with most other legal issues, you are not required to have legal representation. You can represent yourself, but just because it is not a requirement doesn’t mean you don’t need one. Without an experienced divorce lawyer, you may not be aware of your options and rights. You could miss important filing deadlines and even jeopardize your finances and your child’s living arrangements. Keep in mind that you and your spouse must have separate attorneys. If your spouse has legal representation, they will not and cannot help you.
Let a Knowledgeable Divorce Lawyer Advocate for You
The attorneys at Mahoney Richmond Thurston, PLLC, have decades of experience representing divorce clients just like you. Whether your divorce case is simple or complex, we have the experience and tools to ensure the best outcome for you and your family. We can help you explore your options and negotiate with your spouse. If you are considering divorce, we are here to help. Contact us to schedule your divorce case consultation today.
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FAQs About Divorce in Virginia
What are the grounds for divorce in Virginia?
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.
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