Virginia Beach Divorce Lawyer
Experienced & Trustworthy Legal Representation
Divorce can be an extremely difficult time in an individual’s life
and nobody said the process would be easy. It presents a variety of challenges
and concerns. Even some of the most amicable separations have the potential
to quickly become bitter and messy. However, having an experienced
family law attorney your side can ensure your rights and best interests are protected
at all times.
The Law Offices of Daniel J. Miller, we aim to develop creative and amicable solutions, minimize the trauma
of the divorce, and help you obtain the best possible outcome. With more
than two decades of legal experience, our Virginia Beach divorce attorney
can assess your situation and determine all of your available legal options
in order to reach a divorce agreement which fulfills your needs.
Virginia Divorce Laws
In order to be eligible for divorce in Virginia, at least one spouse must
have lived in the state for six months before either spouse can file for
divorce. Eligible spouses are able to either file for a “no-fault”
divorce or a divorce based on fault grounds.
To get a no-fault divorce in Virginia, you and your spouse must live apart
from one another without interruptions for at least one year. On the other
hand, if you have no minor children and you enter into a valid separation
agreement, you will only have to live apart for six months.
Fault grounds in Virginia include adultery or other sexual acts outside
of the marriage, conviction of a felony and confined for more than one
year without cohabitation following confinement, cruelty, abandonment
or willful desertion, reasonable fear of bodily harm, lived separate lives
without cohabitation and without interruption for one year. Each fault
ground requires specific proof.
Types of Divorces
There are several different types of divorce that may be considered, based
on your circumstances. While we mentioned above the differences in the
law (i.e. fault or no-fault), there are also differences in the way you
and your spouse approach it.
Our firm handles, but are not limited to, the following types of divorces:
Contested divorce – If you and your spouse argue over one or more divorce issues to
the point where you cannot come to an agreement, and instead takes these
issues to the judge to determine, you have what is considered a contested
divorce. You’ll undergo the process of exchanging information, settlement
negotiations, hearings, and a court trial.
Uncontested divorce – By contrast, if you and your spouse work together to agree on the
terms of your divorce, and file court papers cooperatively to make the
divorce official, then you have an uncontested divorce. In this type of
divorce, no formal trial is required and you probably won’t have
to step foot in a courtroom.
High asset divorce – Couples with a lot of accumulated property and wealth are considered
“high asset” divorce cases. Some examples of assets to be
divided include real estate, stocks, investments, bonuses, business ventures,
vehicles, boats, and pensions.
Military divorce – Members of the armed forces satisfy the residency requirement if
they are stationed in Virginia for at least six months. Military members
who are stationed outside the country can meet the residency requirement
by showing they lived in Virginia for six months immediately before the
foreign assignment started.
Request a Consultation Today!
Whatever your circumstances may be, the benefits of having an experienced
and skilled Virginia Beach divorce lawyer involved in your case are many.
Let us help you overcome a difficult divorce and help you get a fresh
start in life. We provide quality representation to clients throughout
Southeastern Virginia, including Virginia Beach, Newport News, Chesapeake,
For more information,
contact us and speak with our legal team today.