Virginia Beach Divorce Lawyers

Divorce can feel daunting. You need a compassionate and experienced legal team that understands your challenges and provides the guidance and support you need to navigate the complex legal process. At Anchor Legal Group, PLLC, our dedicated and seasoned Virginia Beach divorce lawyers will guide you through every step of the process, ensure that you and your children’s best interests are protected, and secure the best outcome possible for a brighter future.

What Are the Grounds for Divorce in Virginia?

Virginia has two types of divorce, “no-fault,” known as an uncontested divorce, and fault-based, or contested divorce.

State divorce laws require at least one spouse to have lived in Virginia for the last six months to file a no-fault divorce. If you do not have minor children, have been living in different households for at least six months, and have a signed separation agreement, you can file for divorce after six months of separation. If you have minor children, you must wait a minimum of one year to file after separating.

In fault-based divorces, you must state one or more of Virginia’s legally recognized grounds for divorce:

Abandonment or Desertion: Your spouse willfully deserted or abandoned you or willfully separated from you without justification and the intent to remain separated permanently.
Adultery: Your spouse is having voluntary sexual relations with any person other than you. Adultery requires strict, satisfactory, and conclusive proof that the other spouse engaged in sexual relations with another person, along with corroborating evidence.
Cruelty: Your spouse is guilty of cruelty or caused reasonable apprehension of bodily hurt, making living unsafe. Mental anguish, repeated and unrelenting neglect, or humiliation can be considered cruelty if serious enough that it makes the marriage intolerable.
Felony and Imprisonment: Your spouse is convicted of a felony after the marriage and imprisoned for at least one year or is currently incarcerated.
Separation: You and your spouse have been living apart in separate households for more than one year and with the intent for permanent separation, or six months if you have no children or no minor children, and have entered into a Property Settlement Agreement resolving all property, support, and other issues.

You are required to provide significant and compelling evidence proving your claims in a fault-based divorce, which can be challenging. If you plan to file a fault-based divorce, you should consult an experienced divorce lawyer to help you gather and present appropriate types of evidence.

How Is Marital Property Divided in Virginia?

Virginia courts follow equitable distribution when dividing marital property, which means the property will be divided “equitably” or fairly, but not necessarily equally. Marital property refers to all jointly owned property obtained during the marriage through the separation. The court considers many factors when determining the equitable division of property, including:

Length of the marriage
Each spouse’s age and mental and physical health
Fault, if applicable
Income and earning capacity of both spouses
Monetary and non-monetary contributions by each spouse
Standard of living during the marriage
Tax consequences

Debts are classified and divided using the same method as marital property. All property acquired by one spouse before or during the marriage is considered separate property and is not divided by the courts unless it applies to assets or property acquired during the marriage.

What Are the Different Types of Child Custody in Virginia?

When making child custody decisions, courts will determine and base their decisions on what is in the child’s best interests. There are two types of child custody in Virginia. Physical custody refers to where the child spends most of their time, and legal custody refers to a parent’s rights to make important health, education, and welfare decisions for the children. Virginia has unique child custody systems, providing parents with different paths available for handling child custody cases during divorce, including:

Shared Custody: Also known as “joint custody” or parenting time, shared custody is a relatively common arrangement in which parents share equal responsibility when caring for children. In Virginia, shared custody is often the default option, based on the belief that children benefit from spending equal time with both parents.
Primary Custody: Primary custody involves one parent designated as the “primary caregiver,” with whom the child will primarily live and spend their time. Primary custody is typically administered when one parent cannot completely fulfill their parental responsibilities, usually due to health concerns, work commitments, or other circumstances identified by the courts.
Sole Custody: Sole custody appoints one parent fully responsible for all decisions regarding the children’s care and upbringing, with limited visitation rights for the non-custodial parent. Sole custody is usually reserved for cases in which one parent is deemed unfit or incapable of providing a safe and stable environment for the child.
Hybrid Custody: In some cases, in Virginia, a “hybrid custody” arrangement may be established, incorporating elements of both joint and primary custody, such as customized schedules alternating days or weeks between households, tailored to a child or parents’ specific needs.

How Long Does a Divorce Take in Virginia?

Every divorce case is unique, and different variables affect the amount of time the process will take. Generally, divorces take from a few months up to a few years to finalize, depending on the number of issues to be decided, the number of assets involved, child custody issues, and the spouses’ willingness to compromise and reach agreements in a timely manner.

How Much Does a Divorce Cost in Virginia?

Divorce costs vary greatly from one divorce to the next and involve many factors that truly cannot be predetermined. The fee for filing the divorce petition with the court costs $91, potentially a $12 sheriff fee for a deputy to serve the papers to your spouse, and a $21 recording fee for women to resume their maiden name.

In addition to court costs, you can expect to pay attorney’s fees, mediation costs, expert and investigator fees, and more. According to lawyers.com, divorces can cost approximately $10,000 or higher.

How Can Anchor Legal Group, PLLC Help Me With My Divorce?

When divorcing, you need an experienced Virginia Beach divorce lawyer who can provide the legal guidance and objective advice you need to make well-informed decisions regarding your future. At Anchor Legal Group, PLLC, we can help you in the following ways:

Establish grounds
Prepare and file required documents
Locate assets
Develop equitable distribution of property
Assess alimony
Establish child custody and visitation agreements and calculate child support
Negotiate the settlement agreement
Keep your rights protected
Represent you in trial, if necessary

Our Virginia Beach Divorce Lawyers at Anchor Legal Group, PLLC Help Clients in All Divorce Matters

If you are considering divorce, our Virginia Beach divorce lawyers at Anchor Legal Group, PLLC can discuss your options. Call 757-LAW-0000 or contact us online to schedule a consultation. Located in Virginia Beach, we serve clients in Chesapeake, Norfolk, Suffolk, Portsmouth, Newport News, Hampton, Williamsburg, and Eastern Shore, Virginia.