Virginia Beach Divorce Lawyers

Divorce can be a challenging process that can profoundly affect individuals emotionally, financially, and legally. The emotional strain often includes feelings of grief and anxiety, complicating decision-making during an already difficult time.

Obtaining a divorce in Virginia Beach can present significant legal difficulties due to various procedural and substantive requirements established by Virginia law. If children are involved, custody arrangements and child support obligations add another layer of complexity, frequently resulting in contentious disputes that may require mediation or court intervention. Moreover, the equitable distribution of marital property and debts can lead to disagreements over asset valuation and division, further complicating the process.

Given these challenges, individuals seeking a divorce in Virginia Beach should consider consulting with experienced divorce attorneys who can provide essential guidance through the intricacies of the legal process. At Randall, McClenney, Daniels & Dunn, our seasoned attorneys understand the multifaceted nature of divorce and are dedicated to guiding clients through each step of the process. With our extensive experience and commitment to personalized service, we strive to alleviate the burdens associated with divorce. Let us help you achieve a resolution that allows you to move forward with confidence and peace of mind.

Why Clients Choose Randall, McClenney, Daniels & Dunn, PC

Randall, McClenney, Daniels & Dunn, is your advocate in these difficult times. As aggressive litigators, we are not afraid to take your case to court when necessary. Our Virginia Beach divorce lawyers have decades of experience handling sensitive cases.

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 & Brunch 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, 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.

Our Virginia Beach Family Law Practice Areas

When you need legal advice you can rely on for any area of family law, put your trust in our law firm. Expect our family law attorney to provide transparent insight, guidance, and reliable legal representation in every facet of these areas.

• Child Custody: We handle all types of child custody matters, including the initial creation of child custody agreements, disputes, and necessary changes.
• Property Division: During the divorce process, we assist clients in coming to a fair and equitable property division agreement so that both parties have a strong starting point for their future.
• Protective Orders: We provide support for complex legal issues like defending against a restraining order while navigating tough family law matters.
• Alimony or Spousal Support: Our attorneys utilize divorce law to build a case for fair spousal support when necessary.
• Child Support: Creating a fair child support agreement is one of the most important elements of family law legal matters that we help our clients with.

Virginia Beach Divorce Laws

When you are facing divorce issues or just need guidance from family lawyers on how to get the divorce process started, turn to our law offices.

Types of Divorce in Virginia Beach

There are two primary forms of divorce recognized in Virginia Beach:

• Divorce from bed and board (a mensa et thoro): This type of divorce allows couples to live separately but does not permit either party to remarry. It is often granted in cases involving abandonment or cruelty.
• Divorce from the bonds of matrimony (a vincula matrimonii): This is the final dissolution of marriage, allowing both parties to remarry. Grounds for this type of divorce include no-fault reasons, such as living apart for one year or six months if there are no minor children and a separation agreement is in place, as well as fault-based reasons like adultery or cruelty.

Understanding Residency Requirements in Virginia Beach Divorce

To file for divorce in Virginia Beach, at least one spouse must have resided in the state for at least six months before filing.

Grounds for Divorce in Virginia Beach

Virginia recognizes both no-fault and fault-based grounds for divorce.

• No-fault divorce: This requires the parties to live separately for at least one year. Alternatively, if no minor child is involved and a property settlement agreement exists, no-fault grounds require living separately for six months.
• Fault-based divorce: This includes instances of adultery, cruelty, or reasonable apprehension of bodily harm, desertion or abandonment, or conviction of a felony.

Virginia Beach Divorce Process

Once you meet the residency requirements and grounds for divorce requirements, you can begin the divorce process. It includes the following steps after you establish a client relationship with our law firm.

• Tell us your story: It is critical that we understand you, your history and background, and your current situation. We ask you whether you truly want a divorce or if you want to try marriage counseling or supportive services first.
• Deciding to move forward: Before we take any action, we ensure you have a good understanding of what your legal options are, from legal separation to full divorce. We do not pressure you into making the decision to file for divorce.
• Determine what you can agree on: We do not believe in padding our fees by doing excessive work for you. That means we work in the most efficient manner possible for your benefit. That starts with determining what areas you both can agree on, whether that is in relation to property division, debt division, pensions, or child custody.

With this information, we can then start the divorce process. Our objective is to help you make decisions and negotiate within the letter of the law. If you decide to move forward, you can expect the following process to apply:

• Filing for divorce: The process begins with filing a complaint for divorce in the circuit court, along with necessary forms such as a property settlement agreement if the couple is seeking an uncontested divorce.
• Serving divorce papers: After filing, the spouse must be served with the divorce papers, which can be done by a sheriff or private process server. Alternatively, the spouse may waive service.
• Temporary orders: If needed, temporary orders (pendente lite) can be requested to address immediate issues like custody or support while the divorce is pending.
• Discovery and mediation: If there are contested issues, discovery may occur to gather information, followed by mediation to attempt resolution without trial.
• Settlement conference: If mediation is unsuccessful, a settlement conference may be held to negotiate terms before trial.
• Trial: If no agreement is reached, the case will go to trial, and a judge will make final decisions on contested matters.
• Final judgment: Once all issues are resolved, the court will enter a judgment for the dissolution of the marriage, finalizing the divorce.

Protecting Your Child: Navigating Custody Disputes

With our years of experience and dedication to our clients, we will provide proper legal representation to navigate child custody disputes during the divorce process. Our Virginia Beach divorce attorneys understand how crucial this part of the process is for parents.

Whenever possible, the court wants both parents to have equal access and support for the child. However, a Virginia Beach judge determines who receives custody of the child by looking at several factors:

• The age and health of the child or children
• The age and physical and mental health of the parents
• The strength of the parent-child relationship with each parent
• Factors involving siblings, peers, and extended family members
• The parents’ respective support for each other’s ongoing relationship with the child
• The parents’ ability to cooperate and resolve disputes as they arise
• Any existing history of domestic abuse

Military Divorce: Understanding the Unique Challenges

A military divorce can be more challenging, and therefore, it is important for you to have a Virginia Beach divorce attorney.

One key issue concerns deployment, which can limit communication and participation in divorce proceedings. The Servicemembers Civil Relief Act (SCRA) allows military members to postpone divorce actions while on active duty, adding another layer of complexity to the divorce timeline.

We also need to address equitable distribution and retirement funds. We strongly advise against signing any document, such as a Property Settlement Agreement, without legal representation. If your spouse wants you to sign such a document, always speak to your divorce attorney first.

Why Legal Representation Matters in a Virginia Beach Divorce

You have the legal right to proceed with divorce without an attorney, and this may seem faster or easier. However, there are many unintentional consequences that can occur. Without legal representation, individuals may unknowingly waive their rights to essential matters. We see this in the areas of:

• Child custody and visitation
• Child support
• Spousal support
• Equitable distribution of property
• Legal claims

This lack of legal guidance can have significant long-term implications for your financial stability and family relationships. Therefore, seek the assistance of an experienced divorce attorney to protect your rights in a divorce.

Let Us Take the Weight Off Your Shoulders

The attorneys at Randall, McClenney, Daniels & Dunn, PC, provide comprehensive legal support throughout all family law matters. Whether you are thinking about divorce or were already served the divorce papers, contact our team at 757-742-6115 or fill out our online form for help you can rely on.