Divorce Attorney in Virginia Beach

Divorce in Virginia

Several different types of divorce 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 divorce attorney in Virginia Beach handles, but is 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 outside the country can meet the residency requirement by showing they lived in Virginia for six months immediately before the foreign assignment started.
• Divorce for men – Divorce proceedings can often favor women over men, especially when children are involved. If you are a dad looking to protect your rights in a divorce, we can help. Our lawyers represent divorced men working hard to protect their assets and their fathers' rights.

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

How Long Does a Divorce Take in Virginia?

Every divorce case is unique, with countless variables affecting how long it takes. That being said, a simple, uncontested divorce in Virginia can take 6 to 8 weeks from filing to the time a judge finalizes the divorce decree.

Most divorces take several months – or even years – to be finalized because so many details need to be worked out. This is especially true when issues like custody or division of property are contested because already busy court schedules slow down the timeline. Custody disputes, like your ex-spouse trying to keep your children from you, may also prolong the divorce process.

The best way to gauge how long your Virginia divorce could take is to explain your situation to a divorce attorney in Virginia Beach and get their counsel. Call Daniel J. Miller today at (757) 267-4949 to set up a consultation! We serve clients in Virginia Beach, Chesapeake, and Norfolk, VA.

How Much Does a Divorce Cost in Virginia?

Again, no two divorce cases are the same, so the cost of any divorce cannot be predetermined. Contested divorces involve filing, attorney, and court fees that vary depending on the details of the divorce case. Uncontested divorces tend to be much less expensive due to the lack of court fees.

In Virginia, it costs $91 to file for divorce. Additional fees may include a $12 Sheriff fee (to serve the papers to the Respondent) and, for select women, a $21 fee to record their resumed maiden name.

On top of filing fees and court fees, Lawyers.com reports that an average divorce in Virginia costs anywhere from $12,000 - $14,000 for contested cases, but this should not be used as a proper gauge for your divorce. Speak with a Virginia Beach divorce attorney for a more accurate idea of what your divorce could cost. Our lawyers will show you how to reduce the cost of your divorce.

Virginia Residency Requirements for Divorce

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 can either file for a “no-fault” 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, 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, the 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 interruption for one year. Each fault ground requires specific proof.