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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.

At 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.

Residency Requirements for Divorce in Virginia

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.

How Long Do You Have to Be Separated Before Divorce in VA?

Virginia does not recognize legal separation; however, in order to get a divorce in Virginia, spouses must live "separately and apart" 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-Based Divorce in Virginia

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 in Virginia

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.

Taking the steps towards divorce can be very scary but we want to help. If you are interested in reading more, please take a look at our Guide to Getting Divorced E-book.Divorce E-book

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, Chesapeake, and Norfolk.

For more information, contact us and speak with our legal team today.