Virginia Divorce Attorney

Deciding to end a marriage is an incredibly difficult choice, often filled with heartache and uncertainty. Alongside the complexities of filing for divorce and navigating legal requirements, many individuals face profound emotional distress during this trying time.

The weight of a divorce decision can lead to sleepless nights, anxiety about the future, and a deep sense of loss as you confront the reality of separating from someone you once envisioned spending a life with. Every moment spent in this turmoil can amplify feelings of loneliness and despair as you grapple not only with the end of your relationship but also with the potential impact on your children, finances, and personal identity.

The dedicated legal team at Randall & Bruch is committed to offering compassionate support while robustly advocating for your rights and interests. With over 85 years of combined experience, our family law attorneys are well-prepared to guide you through each step of the divorce journey, helping you remain informed and empowered throughout.

Why Clients Choose Randall & Bruch

The skilled family court attorneys at Randall & Bruch are dedicated to passionately advocating for Virginians. Clients often select our Virginia attorneys to represent them in divorce cases because of our reputation as a client-first law firm.

The attorneys at Randall & Bruch truly understand the legal issues their clients face and take a personalized approach to each case. People in our community know our attorneys will listen to their side of the story and aggressively pursue legal solutions with our clients’ best interests in mind.

With a combined 85 years of experience, the attorneys at our law offices possess extensive skills, knowledge, and court experience. As litigators, our team will not hesitate to take a case to court if we cannot come to a fair agreement. If necessary, we will aggressively battle in court.

Everyone in our community deserves to have strong legal representation while dealing with family law matters. It is our goal to deliver.

Testimonials

“I was kept well informed on all aspects of my case! I could not be happier with the representation that I was provided! 100 percent recommend….” – Adam T.

“They were wonderful at keeping in touch and giving updates on my case. Super easy to work with, super professional, and definitely worth it.” – Meagan A.

“Randall & Bruch, PC helped me tremendously when I initially hired them as my attorney. I at first wasn’t sure how all the legalities were to take place, but after contacting the office and having a meeting with the awesome Paralegals Tammy Sprinkle and Donna Mantos it was smooth sailing and less stressful, [be]cause they assured me and made me feel very comfortable. Great Job Guys. I highly recommend them to anyone and if I need to hire them again in a legal representation I will.” – Penny L.

Understanding Divorce Laws in Virginia

Virginia’s divorce laws are primarily found in Title 20 of the Code of Virginia, specifically within Chapter six, which addresses divorce, affirmation, and annulment.

Within Virginia’s official website that outlines its codes, you can find information on each family law issue, along with the specifics on what they mean, and any requirements of legal steps individuals need to take. It is also a good idea to speak to an experienced Virginia divorce lawyer who understands these codes and regularly helps clients who are seeking a divorce.

Divorce From Bed and Board Vs. Divorce from the Bond of Matrimony

In Virginia, there are two primary types of divorce: divorce from bed and board (a mensa et thoro) and divorce from the bonds of matrimony (a vinculo matrimonii).

Divorce from bed and board is a partial divorce that allows for legal separation without terminating the marriage. This type does not permit either party to remarry and is typically granted under grounds such as cruelty or abandonment.

On the other hand, divorce from the bonds of matrimony is a complete and absolute divorce that fully dissolves the marriage, allowing both parties to remarry. This type is more common and serves as the final resolution of marital ties.

While both types can address issues like property distribution and child custody, only the latter results in the end of the marital relationship itself.

Residency Requirements for Divorce in Virginia

The Commonwealth of Virginia stipulates residency requirements when attempting to file for divorce.

According to the Commonwealth, at least one spouse must have been a bona fide resident in Virginia for a minimum of six months prior to filing a divorce complaint. Either spouse can fulfill this requirement, and both spouses do not need to have lived in Virginia.

Residency can be established even if the spouse was not physically present in Virginia every day during that period, as long as they had a permanent home in the state. Additionally, the divorce filing must occur in the circuit court where either spouse resides or where the couple last lived together.

Grounds for Divorce in Virginia

The Commonwealth of Virginia permits both no-fault and grounds-based divorces.

No-fault Divorce

A couple can file for divorce after living separately without cohabitation for at least one year. If no minor children are involved and both spouses have signed a separation agreement, the couple can file for a no-fault divorce after six months.

Fault-Based Divorce

Virginia is specific about the grounds it allows when pursuing a fault-based divorce. These include:

• Adultery: Requires clear and convincing evidence of sexual relations outside the marriage. There is no waiting period to file.
• Cruelty: Involves physical harm or reasonable apprehension of bodily harm, requiring the filing spouse to act within one year of the incident.
• Desertion: One spouse willfully leaves the marital home without justification, intending to remain separated permanently.
• Felony conviction: If one spouse is convicted of a felony and sentenced to confinement for over one year, this can serve as grounds for divorce.

Differences Between a Military and Civilian Divorce Process

Military divorces are treated a little differently than civilian divorces. For example, in a military divorce in Virginia, either spouse can file for divorce if one has been a resident or stationed in the state for at least six months. This includes active-duty service members stationed in Virginia, even if they are not permanent residents. Civilian divorces typically require that at least one spouse has been a resident of Virginia for six months before filing.

In military divorces, property division includes military pensions, which are treated as marital assets under the Uniformed Services Former Spouse Protection Act (USFSPA). If the marriage lasted at least 10 years and the service member served for a similar duration, the non-military spouse may be entitled to a portion of the military retirement pay.

In civilian divorce, property division follows Virginia’s equitable distribution laws, where marital property is divided fairly but not necessarily equally. Military pensions are not included in this general division unless specified.

The Divorce Process in Virginia

Once a couple meets Virginia’s residency requirements, and grounds for divorce are met, the spouse pursuing a divorce must take the following steps:

File a Complaint

The first step is to file a complaint for divorce in the appropriate circuit court. This document must outline the grounds for divorce and demonstrate that jurisdictional requirements are met.

Serve the Defendant

After filing the complaint, the next step is to serve the defendant with the divorce papers. This can be done through various methods, including personal service by a sheriff or private process server, or by mailing the documents if the defendant agrees to acknowledge receipt. Proper service is crucial for ensuring the defendant is informed of the proceedings.

Discovery Phase

If the divorce is contested, a discovery phase follows, where both parties exchange information relevant to the case. This typically involves sharing financial documents and other evidence that may impact decisions regarding asset division, support, and custody arrangements. Discovery can include depositions and requests for documents.

Divorce Proceedings

During this phase, various legal proceedings may occur, including temporary hearings for issues like spousal support or child custody. If both parties can reach an agreement on all terms, they may opt for mediation or settlement discussions. If no agreement is reached, the case may proceed to trial, where a judge will make final decisions.

Final Decree of Divorce

Once all issues are resolved, either through agreement or court ruling, a final decree of divorce is prepared. This document officially terminates the marriage and outlines any orders regarding property division, support, and custody. The judge must sign this decree for it to take effect, after which both parties will receive copies for their records.

How Long Does It Take to Get a Divorce in Virginia?

Every divorce is different, but generally speaking, an uncontested divorce is a lot quicker to finalize than a contested divorce.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all major issues, including property division, child custody, and support arrangements. Because there are no disputes to resolve, the process is typically much quicker.

Contested Divorce

A contested divorce arises when spouses cannot agree on one or more significant issues. This type of divorce requires more extensive legal proceedings, including discovery, negotiations, and potentially a trial. The complexity of these disputes can significantly prolong the process.

Contested divorces can take up to 18 months or even longer to finalize, depending on factors such as court schedules, the extent of discovery needed, and whether additional hearings are required.

Who Gets the Custody of the Child After Divorce in Virginia?

The custody of a minor child is based on the best interests of the child. The court evaluates several factors to make this decision, including:

• Child’s age
• The relationship each parent has with the child
• Each parent’s ability to meet the child’s needs
• Physical and mental condition of the child
• Each parent’s ability to support a close relationship between the child and the other parent
• Any history of family abuse or neglect

In the settlement agreement, the court may award joint legal custody, where both parents have a role in making decisions for the child, or sole legal custody, where one parent is ultimately responsible for making decisions in the child’s best interests.

Spousal Support in Virginia

In Virginia, spousal support, often referred to as alimony, is determined on a case-by-case basis and is not automatically granted. The court considers several factors when deciding whether to award spousal support, as outlined in Virginia Code § 20-107.1. These factors include:

• The financial circumstances of both parties, including their incomes and needs
• The age and physical conditions of both spouses
• The length of the marriage
• The standard of living established during the marriage
• Financial contributions and non-financial contributions, such as homemaking or child-rearing, made by both parties during the marriage
• The earning ability, skills, education, and work history of both parties

Types of Spousal Support

There are primarily two types of spousal support in Virginia.

• Temporary support (pendente lite support): Often awarded during the divorce proceedings to maintain the status quo.
• Permanent support: Granted after the divorce is finalized and can be for a specified duration or indefinite.

Hire an Experienced Virginia Divorce Lawyer for Your Divorce Case

It is in the best interest of individuals who are pursuing a divorce to hire an experienced Virginia divorce attorney. Family law attorneys understand what is at stake and can add objectivity to a family law matter wrought with emotion and uncertainty. Issues such as child custody, support, and property division, will need to be decided.

In some cases, people may not even be sure they want a divorce. Rather than immediately filing, taking pause to speak with an attorney who can outline options can help provide an individual with the information they need to help decide whether to pursue marriage counseling or a divorce.

Divorce cases, especially contested ones, tend to become complex. Hiring an attorney from a family law firm can take the stress off as they handle the complexities, paperwork, and other details.

Our Virginia Family Law Practice Areas

At Randall & Bruch, PC, our family lawyers handle an array of family law practice areas, including divorce, child custody, child support, spousal support, property division, restraining orders, and domestic violence. We also offer other legal services, including estate planning, personal injury cases, and criminal defense cases.

Start Your Journey to a New Beginning

The family law attorneys at Randall & Bruch, PC deeply understand the significant effects that divorce can have on individuals and families. We recognize this process transcends mere legalities—it represents a major life transition filled with emotional challenges and uncertainties.

Our law firm will aggressively advocate in your best interests in your family law case. To schedule an initial consultation, call Randall & Bruch, PC at 757-742-6115 or fill out our online contact form, and a member of our legal team will get back to you.

Randall & Bruch, PC proudly serves Virginia Beach, Chesapeake, Southampton, Emporia, Brunswick, Hopewell, and Suffolk and other areas throughout Virginia.