Divorce Attorney Virginia Beach: Your Compass Through Legal Separation

For decades, I’ve guided individuals through the profound complexities of divorce in Virginia Beach. From my vantage point, the dissolution of a marriage is rarely just a legal proceeding; it’s a deeply personal journey fraught with emotional and financial challenges. As a seasoned attorney with Law Offices Of SRIS, P.C., my mission is to provide not just legal representation, but steadfast counsel and a clear path forward during one of life’s most challenging transitions.

Divorce in Virginia, particularly within the jurisdiction of Virginia Beach, requires a nuanced understanding of state statutes and local court procedures. Whether you are contemplating separation, seeking to protect your assets, or striving to secure favorable custody arrangements for your children, the decisions made during this period will profoundly impact your future. My practice is dedicated to ensuring those decisions are informed, strategic, and ultimately serve your long-term well-being. This comprehensive guide will illuminate the crucial aspects of divorce law in Virginia Beach, offering the clarity and strategic insight you deserve.

The Gravity of Divorce: Consequences & Stakes in Virginia Beach

A divorce is not merely the end of a marriage; it initiates a legal, financial, and emotional restructuring that can have profound long-term consequences. In Virginia Beach, understanding these stakes and their legal underpinnings is crucial for protecting your future.

The decision to pursue a divorce, or the reality of facing one, carries immense weight. Beyond the emotional toll, the legal ramifications in Virginia Beach can alter your financial landscape, your relationship with your children, and even your residential future. Virginia law, codified in statutes such as Virginia Code § 20-91 (Grounds for Divorce) and Virginia Code § 20-107.3 (Equitable Distribution of Marital Property), dictates how assets and debts are divided, how spousal support is determined, and how parental rights and responsibilities are allocated.

Financial Implications: A Lifetime’s Impact

One of the most significant consequences of divorce involves finances. Virginia is an equitable distribution state, meaning marital assets and debts are divided fairly, though not necessarily equally. This division can include everything from real estate and retirement accounts to vehicles and credit card debts. Mistakes in valuation or negotiation can lead to a disproportionate outcome, potentially impacting your financial stability for years to come. Spousal support, or alimony, is another critical financial consideration, determined by various factors outlined in Virginia Code § 20-107.1, including the duration of the marriage, the financial needs of each party, and their respective abilities to pay.

Child Custody and Support: Prioritizing Your Children’s Future

For parents, the highest stakes often revolve around their children. Virginia Code § 20-124.1 et seq. governs child custody and visitation, emphasizing the “best interests of the child.” This can involve decisions about legal custody (who makes major decisions about the child’s upbringing) and physical custody (where the child lives). Child support, determined by guidelines in Virginia Code § 20-108.1, ensures both parents contribute to the financial well-being of their children. Improper calculation or inadequate arrangements can significantly impact your children’s quality of life and your own financial resources.

Future Planning and Legal Standing

A poorly handled divorce can leave you vulnerable. Without clear, enforceable orders regarding property division, support, and custody, future disputes are almost guaranteed. Furthermore, a divorce can impact inheritance rights, insurance policies, and even the ability to make future financial decisions. From my experience, individuals who prioritize comprehensive legal representation during this period are far better positioned to achieve a stable and secure future, minimizing lingering legal and financial entanglements.

Navigating the Virginia Beach Legal Process for Divorce

The divorce process in Virginia Beach involves a structured legal journey through specific court systems, requiring adherence to strict procedures. Understanding each stage is vital for effective advocacy and achieving a favorable outcome.

Initiating a divorce in Virginia Beach typically begins with filing a Complaint for Divorce in the Virginia Beach Circuit Court. This is the primary court responsible for granting final divorce decrees. However, it’s important to recognize that other issues, particularly those involving children like custody, visitation, and child support, may initially or concurrently be addressed in the Virginia Beach Juvenile and Domestic Relations District Court.

Step 1: Grounds for Divorce and Initial Filing

Virginia law recognizes both “fault” and “no-fault” grounds for divorce, as specified in Virginia Code § 20-91. No-fault divorce requires a period of separation: six months if there are no minor children and the parties have a written separation agreement, or one year if there are minor children or no agreement. Fault grounds include adultery, cruelty, and desertion. The Complaint for Divorce is filed, and the opposing party is formally served with the legal documents, initiating their obligation to respond.

Step 2: Responding to the Complaint and Discovery

Once served, the defendant has a limited timeframe to file an Answer and potentially a Counter-Complaint. Following this, the discovery phase begins, where both parties exchange information relevant to the case. This includes financial documents, asset lists, debt statements, and information pertinent to child custody. This phase, often involving interrogatories, requests for production of documents, and depositions, is critical for understanding the marital estate and preparing for negotiation or trial. It’s during discovery that the role of a seasoned attorney becomes indispensable, ensuring all necessary information is gathered and accurately presented.

Step 3: Pendente Lite Hearings and Temporary Orders

Often, during the pendency of the divorce, temporary orders may be needed for spousal support, child support, or custody arrangements. These “pendente lite” orders are typically heard in either the Circuit Court or the Juvenile and Domestic Relations District Court, depending on the specific issues, and remain in effect until a final divorce decree is issued. These temporary orders are crucial for maintaining stability for families while the divorce proceeds.

Step 4: Negotiation, Mediation, and Settlement

Before a final trial, parties are often encouraged to attempt settlement through negotiation or mediation. Mediation involves a neutral third-party facilitator who helps the spouses reach mutually agreeable solutions on issues like property division, custody, and support. A successful mediation can lead to a Marital Settlement Agreement (MSA), which, once approved by the court, becomes a legally binding order. I consistently advise exploring settlement options, as they often provide more control over the outcome and reduce legal costs and emotional strain.

Step 5: Trial and Final Decree

If a settlement cannot be reached, the case proceeds to trial in the Virginia Beach Circuit Court. Both parties present their evidence, call witnesses, and argue their positions before a judge. The judge then makes final determinations on all outstanding issues, including grounds for divorce, property division, spousal support, and child custody/support. Following the trial, a Final Decree of Divorce is entered, legally ending the marriage and formalizing all related orders. This comprehensive process, overseen by the court, ensures that all legal requirements are met and that the resolution is fair and just under Virginia law.

The SRIS Virginia Divorce Blueprint Tool

To empower you with clarity and organization during this challenging time, Law Offices Of SRIS, P.C. proudly presents “The SRIS Virginia Divorce Blueprint Tool.” This practical resource is designed to help you methodically prepare for the divorce process, ensuring you gather essential information and understand critical steps.

From years of navigating the intricacies of divorce cases, I’ve observed that preparedness is a cornerstone of success. This tool is not just a checklist; it’s a strategic guide to help you compile the necessary documents and consider key legal elements relevant to your Virginia Beach divorce. Utilizing this tool can significantly streamline the process, reduce potential delays, and strengthen your position from the outset.

How to Utilize The SRIS Virginia Divorce Blueprint Tool: A Step-by-Step Guide

1. Understanding Your Grounds for Divorce:
   • Are you seeking a no-fault divorce (separated for 6 months with no minor children/agreement, or 1 year otherwise)?
   • Are there potential fault grounds (e.g., adultery, cruelty, desertion)?
   • Action: Document dates of separation or any instances relevant to fault grounds. Gather any corroborating evidence.
2. Financial Documentation Collection:
   • Income Proof: Last 3-5 years of tax returns (federal and state), recent pay stubs (last 6-12 months), W-2s, 1099s.
   • Bank Statements: Last 12-24 months for all checking, savings, and investment accounts (joint and individual).
   • Retirement Accounts: Statements for 401(k)s, IRAs, pensions, etc. (most recent statements and any benefit plan descriptions).
   • Investment Accounts: Statements for brokerage accounts, stocks, bonds.
   • Debt Statements: Credit card statements, loan agreements (mortgage, auto, student), medical bills.
   • Real Estate: Deeds, mortgage statements, property tax assessments, appraisal reports for all owned properties.
   • Valuables: Receipts or appraisals for significant jewelry, art, collections, or other high-value personal property.
   • Insurance Policies: Life, health, auto, home (declarations pages and beneficiary designations).
   • Business Interests: If applicable, business valuations, profit & loss statements, balance sheets.
   • Action: Create a secure, organized file (digital or physical) for all these documents.
3. Children-Related Information (if applicable):
   • Birth Certificates: For all minor children.
   • School Records: Academic and attendance records.
   • Medical Records: Doctors, dentists, specialists, therapists for children.
   • Extracurricular Activities: Schedules, costs, contact information for coaches/instructors.
   • Special Needs: Any documentation related to a child’s special needs, therapies, or extraordinary expenses.
   • Action: Compile a list of important contacts for your children.
4. Marital Debts and Expenses:
   • List all joint and individual debts, including account numbers, balances, and minimum payments.
   • Document average monthly household expenses.
   • Action: Distinguish between marital debt (incurred during marriage) and separate debt.
5. Assets and Liabilities Inventory:
   • Create a comprehensive list of all assets (bank accounts, real estate, vehicles, personal property, retirement) and liabilities (mortgages, loans, credit cards).
   • Note approximate current values for each asset.
   • Action: Identify whether each asset/liability is marital or separate property.
6. Initial Goals and Concerns:
   • What are your primary objectives regarding property division, spousal support, and child custody?
   • Are there any immediate safety concerns or protective orders needed?
   • Action: Write down your top 3-5 priorities for the divorce outcome.

By systematically addressing each point in The SRIS Virginia Divorce Blueprint Tool, you will be well-prepared for your confidential case review with Law Offices Of SRIS, P.C., allowing us to formulate the most effective legal strategy tailored to your unique circumstances.

Strategic Approaches & Legal Defenses in Virginia Divorce

Effective legal strategies in a Virginia Beach divorce are paramount to protecting your rights and achieving your objectives. From my extensive experience, the approach we take must be both comprehensive and adaptable, whether it involves negotiation or litigation.

In every divorce case I handle, the overarching goal is to achieve the best possible outcome for my client. This requires not only a deep understanding of Virginia divorce law but also a strategic mindset that anticipates challenges and leverages opportunities. The legal strategies employed will vary significantly based on the specifics of your case, but generally fall into two broad categories: settlement-oriented approaches and litigation-focused strategies.

Settlement-Oriented Strategies: Negotiation & Mediation

For many clients, reaching an amicable settlement outside of court is the preferred path. This approach offers several advantages, including reduced legal costs, faster resolution, and greater control over the outcome. My strategy here involves:

• Thorough Preparation: Before any negotiation, we meticulously gather all financial information and evidence, ensuring we understand the full marital estate. This allows us to make informed proposals and critically evaluate those from the opposing side.
• Strategic Communication: I engage in clear, firm, and strategic communication with opposing counsel to advocate for your interests while keeping lines of communication open for productive dialogue.
• Mediation Utilization: If direct negotiation stalls, mediation with a neutral third-party can often bridge divides. This is particularly effective in resolving disputes over child custody, property division, and spousal support, leading to a mutually acceptable Marital Settlement Agreement.
• Creative Problem-Solving: Sometimes, conventional solutions aren’t enough. I explore innovative solutions for complex asset division, business valuations, or unique child custody arrangements that cater to your specific family dynamics.

Litigation-Focused Strategies: Courtroom Advocacy

When settlement is not feasible or appropriate, aggressive courtroom advocacy becomes necessary. This might be due to a refusal to negotiate in good faith, complex disputes requiring judicial intervention, or allegations of fault grounds (like adultery or cruelty) that necessitate proving specific statutory requirements under Virginia Code § 20-91. My litigation strategy involves:

• Compelling Case Presentation: We focus on presenting a clear, concise, and evidence-backed case to the Virginia Beach Circuit Court. This includes meticulous organization of exhibits, preparation of witnesses, and persuasive legal arguments.
• Navigating Discovery: The discovery process is crucial for uncovering hidden assets, assessing the other party’s financial situation, and gathering evidence to support your claims. I employ robust discovery tactics to ensure full disclosure.
• Defending Against Allegations: If fault grounds are alleged against you, such as adultery or cruelty, a strong defense is critical. This involves challenging the sufficiency of the evidence, presenting counter-evidence, and asserting legal defenses like condonation or provocation.
• Post-Trial Motions and Appeals: In the event of an unfavorable ruling, we evaluate options for post-trial motions or appeals to higher courts, ensuring every avenue for a just outcome is explored.

My extensive experience in Virginia Beach courts has taught me that the most effective strategy is one built on a foundation of legal knowledge, meticulous preparation, and a deep commitment to my client’s well-being. Whether through skillful negotiation or determined litigation, Law Offices Of SRIS, P.C. is prepared to champion your interests.

Common Mistakes to Avoid During Your Divorce

Drawing from my decades of practice, I’ve observed recurring missteps that can significantly derail a divorce case. Avoiding these common mistakes is paramount to protecting your interests and ensuring a smoother legal journey in Virginia Beach.

1. Failing to Secure Financial Documents Early: Many individuals wait too long to gather essential financial records (bank statements, tax returns, pay stubs, retirement account statements). Spouses may intentionally or unintentionally restrict access to these documents once proceedings begin. Missing documentation can lead to delays, undervaluation of assets, or an unfair division of marital property.
2. Neglecting Your Children’s Best Interests: While emotions run high, failing to prioritize your children’s stability and well-being can harm their emotional health and reflect poorly on you in court. Custody decisions in Virginia are based on the children’s best interests, not parental desires. Avoid using children as pawns or speaking negatively about the other parent in their presence.
3. Communicating Directly with Your Spouse Without Counsel: Once divorce proceedings are underway, all substantive communication, especially regarding financial or child-related matters, should ideally go through your attorney. Direct communication can lead to misunderstandings, unintentional admissions, or agreements that are not legally sound or in your best interest.
4. Posting About Your Divorce on Social Media: Anything you post online can and will be used against you in court. Avoid discussing your case, your spouse, your financial situation, or your new relationships on social media. Even seemingly innocuous posts can be taken out of context and used as evidence of bad faith, poor judgment, or contradictory claims.
5. Making Major Financial Decisions: Do not sell, gift, or hide marital assets, or incur significant new debt without legal counsel. This can be viewed as dissipation of marital assets and result in negative repercussions during equitable distribution. All major financial changes should be discussed with your attorney first.
6. Ignoring Temporary Orders: Orders issued by the court for temporary custody, visitation, or support must be strictly followed. Violating these orders can lead to legal penalties, loss of credibility, and negatively impact final decisions.
7. Underestimating the Value of Legal Counsel: Attempting to navigate a Virginia divorce without experienced legal representation can be a false economy. The complexity of Virginia Code regarding property division, spousal support, and child custody often requires seasoned guidance to ensure your rights are protected and you achieve a fair outcome.

By being mindful of these pitfalls, you can navigate your divorce with greater confidence and significantly improve your chances of a positive resolution.

Glossary of Key Divorce Terms

Understanding the legal terminology associated with divorce is crucial for navigating the process effectively. Here are 5-7 key terms you’ll encounter during a Virginia Beach divorce:

Equitable Distribution

The legal principle in Virginia that requires marital property and debts to be divided fairly, though not necessarily equally, between spouses during a divorce. Virginia Code § 20-107.3 governs this process.

Marital Property

Generally, all property acquired by either or both parties during the marriage, from the date of marriage until the date of separation. It can include real estate, bank accounts, retirement funds, and personal property.

Separate Property

Property acquired before the marriage, or during the marriage by gift, inheritance, or from the proceeds of separate property (as long as it’s kept separate). This property is typically not subject to equitable distribution.

Spousal Support (Alimony)

Financial payments made by one spouse to the other after divorce. It is determined based on various factors outlined in Virginia Code § 20-107.1, including financial need, ability to pay, and contributions to the marriage.

Custody (Legal vs. Physical)

Legal custody refers to the right and responsibility to make major decisions about a child’s upbringing (e.g., education, healthcare, religious training). Physical custody refers to where the child primarily resides. Both can be sole or joint.

No-Fault Divorce

A divorce granted without either party needing to prove marital misconduct. In Virginia, it typically requires a period of separation (6 months or 1 year) with intent to permanently separate, as per Virginia Code § 20-91.

Marital Settlement Agreement (MSA)

A legally binding contract between divorcing spouses that resolves all issues related to the divorce, including property division, spousal support, child custody, and child support. Once approved by the court, it becomes part of the final divorce decree.

Common Scenarios & Realistic User Questions

In my practice, I frequently encounter individuals grappling with similar concerns about their divorce. These scenarios highlight common challenges and the questions they often bring to their first confidential case review.

Scenario 1: The “No-Fault” Path and Asset Division Concerns

“My spouse and I have been separated for over a year, and we both agree to get a no-fault divorce. We have some significant assets, including our family home and retirement accounts, and I’m worried about losing my fair share. How does equitable distribution work in Virginia Beach, and what steps should I take to protect my financial future during a no-fault divorce?”

This is a very common and understandable concern. Even in a “no-fault” divorce, the equitable division of marital assets under Virginia Code § 20-107.3 can be complex. My advice would be to immediately begin compiling all financial documentation: bank statements, investment portfolios, retirement account statements, property deeds, and any appraisal information for significant assets. We would then thoroughly analyze what constitutes “marital property” versus “separate property” to ensure an accurate inventory. Our strategy would focus on a fair valuation of all assets and debts, followed by strategic negotiations for a equitable distribution, potentially involving a Marital Settlement Agreement (MSA) to formalize the terms and protect your financial standing moving forward.

Scenario 2: Child Custody Disputes and Best Interests

“My spouse and I are divorcing, and we can’t agree on child custody and visitation. I’m concerned about my children’s stability and fear my spouse might try to limit my time with them. What are the Virginia Beach courts’ priorities when deciding custody, and how can I best advocate for my children’s best interests and my parental rights?”

Child custody disputes are often the most emotionally charged aspects of a divorce. In Virginia Beach, the court’s paramount consideration, as outlined in Virginia Code § 20-124.3, is always the “best interests of the child.” This involves evaluating factors such as the child’s age, physical and mental condition, the parents’ fitness, and the child’s relationship with each parent. To advocate effectively, you should maintain consistent involvement in your children’s lives, document your parenting contributions, and consider how a proposed custody schedule would realistically benefit your children’s stability and routine. We would focus on presenting a compelling case that highlights your ability to foster a loving, stable environment, whether through negotiation, mediation, or, if necessary, litigation in the Virginia Beach Juvenile and Domestic Relations District Court or Circuit Court.

Scenario 3: Spousal Support and Financial Dependence

“I’ve been a stay-at-home parent for most of our marriage, and now that we’re divorcing, I’m worried about my financial independence. My spouse has a much higher income. Am I entitled to spousal support in Virginia, and what factors do the Virginia Beach courts consider when awarding it?”

Your concern about financial independence is entirely valid and a common issue in many divorces. Virginia Code § 20-107.1 provides guidelines for spousal support, considering numerous factors to determine if it’s appropriate, and if so, its amount and duration. These factors include the earning capacity of each spouse, the duration of the marriage, the marital standard of living, the contributions of each spouse to the marriage (including non-monetary ones like homemaking), and each spouse’s needs and resources. My approach would be to meticulously detail your financial contributions and needs, your spouse’s earning capacity, and all relevant statutory factors. We would then strategically negotiate for fair spousal support to help you transition to financial stability post-divorce, presenting a robust case based on all applicable factors to the Virginia Beach Circuit Court.

Frequently Asked Questions (FAQ) About Divorce in Virginia Beach

Here are answers to common questions I receive from clients navigating divorce in Virginia Beach.

Q1: What are the primary “no-fault” grounds for divorce in Virginia Beach?
A: In Virginia, the primary no-fault ground for divorce, as per Virginia Code § 20-91, requires parties to live separate and apart without cohabitation and without interruption, with the intent to remain separated permanently. If there are no minor children born of the marriage and the parties have a written separation agreement, this period is six months. If there are minor children or no written agreement, the separation period must be one year. After this period, you can file for a no-fault divorce in the Virginia Beach Circuit Court.

Q2: How is marital property divided in a Virginia Beach divorce?
A: Virginia is an equitable distribution state. This means that marital property and debts, acquired during the marriage, are divided fairly, though not necessarily equally. The Virginia Beach Circuit Court considers various factors under Virginia Code § 20-107.3, including the contributions of each spouse (monetary and non-monetary), the duration of the marriage, the debts and liabilities of each spouse, and how and when specific assets were acquired. Separate property, acquired before marriage or by gift/inheritance, is generally not subject to division.

Q3: What factors determine spousal support (alimony) in Virginia Beach?
A: Spousal support in Virginia Beach is determined by the Virginia Beach Circuit Court based on factors outlined in Virginia Code § 20-107.1. These include the needs and financial resources of each party, the duration of the marriage, the standard of living established during the marriage, the age and physical/mental condition of each party, the contributions (monetary and non-monetary) of each party to the well-being of the family, and the extent to which one spouse contributed to the other’s education or career. There’s no fixed formula, making experienced legal representation crucial.

Q4: How does child custody work in Virginia Beach?
A: Child custody in Virginia Beach is determined by the Virginia Beach Juvenile and Domestic Relations District Court or the Circuit Court, always prioritizing the “best interests of the child” as defined in Virginia Code § 20-124.3. The court considers factors like the child’s age, physical and mental condition, the parents’ fitness, the child’s relationship with each parent, and the child’s reasonable preference (if old enough and mature enough). Custody can be legal (decision-making authority) and physical (where the child lives), and both can be sole or joint.

Q5: Can I get an emergency protective order in Virginia Beach?
A: Yes, if you are experiencing family abuse (defined as any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of bodily injury, or any sexual offense), you can seek an emergency protective order through the Virginia Beach Magistrate’s Office. This order provides immediate, temporary protection. A more long-term Preliminary Protective Order or Protective Order may then be sought through the Virginia Beach Juvenile and Domestic Relations District Court.

Q6: How long does a divorce take in Virginia Beach?
A: The duration of a divorce in Virginia Beach varies significantly. A simple, uncontested no-fault divorce with a fully executed Marital Settlement Agreement can be finalized relatively quickly (e.g., a few months after the separation period is met). However, contested divorces involving disputes over property, custody, or support can take a year or more, depending on court dockets, the complexity of issues, and the willingness of parties to negotiate. My aim is always to achieve an efficient resolution while protecting your interests.

Q7: What is the role of mediation in a Virginia Beach divorce?
A: Mediation is an alternative dispute resolution process where a neutral third party (the mediator) helps divorcing spouses communicate and negotiate a settlement on issues like property division, custody, and support. It is often encouraged by the Virginia Beach courts as a way to avoid costly and lengthy litigation. While the mediator doesn’t make decisions, they facilitate discussion and can help parties reach a mutually agreeable Marital Settlement Agreement.

Q8: Do I need an attorney for a no-fault divorce in Virginia Beach?
A: While it is technically possible to file for divorce without an attorney, it is highly advisable to retain experienced counsel, even for a “no-fault” divorce. The process involves precise legal documentation, understanding of Virginia Code (e.g., § 20-91 for grounds, § 20-107.3 for property), and court procedures. Without a seasoned attorney, you risk overlooking critical details, making costly errors, or failing to protect your rights regarding property, support, or child custody.

Q9: How are child support payments calculated in Virginia Beach?
A: Child support in Virginia Beach is calculated using statutory guidelines outlined in Virginia Code § 20-108.1. These guidelines consider the gross monthly income of both parents, the number of children, and certain deductions like health insurance premiums, childcare costs, and prior support obligations. The Virginia Beach Juvenile and Domestic Relations District Court or Circuit Court applies these guidelines, though deviations are possible under specific circumstances.

Q10: What if my spouse hides assets during the divorce?
A: Hiding assets during a divorce is illegal and can have serious consequences. If you suspect your spouse is concealing assets, your attorney can utilize discovery tools, such as interrogatories, requests for production of documents, and depositions, to uncover financial information. Forensic accountants can also be employed in complex cases. The Virginia Beach Circuit Court views such actions unfavorably and can impose penalties or award a greater share of marital property to the aggrieved spouse.

Q11: Can a divorce agreement be modified later in Virginia Beach?
A: Yes, certain aspects of a divorce decree, particularly those related to child custody, visitation, and child support, can be modified if there has been a “material change in circumstances” since the original order was entered. Spousal support may also be modifiable depending on the original agreement or order and a material change in circumstances. Property division orders, however, are generally final and cannot be modified.

Q12: What is the difference between “divorce from bed and board” and “divorce from the bond of matrimony” in Virginia?
A: A “divorce from bed and board” (divorce a mensa et thoro) is a judicial separation that allows parties to live separately and divides property, but does not legally terminate the marriage. It can be converted to a “divorce from the bond of matrimony” (divorce a vinculo matrimonii) after a certain period. A “divorce from the bond of matrimony” is a final and absolute divorce that completely dissolves the marriage. In Virginia Beach, most clients seek the latter for a complete legal separation.

Q13: How does adultery impact a divorce in Virginia Beach?
A: Adultery is a fault ground for divorce under Virginia Code § 20-91. If proven by clear and convincing evidence, it can allow for an immediate divorce without the typical waiting period. Adultery can also impact spousal support, potentially barring the adulterous spouse from receiving it, unless it would constitute a “manifest injustice.” However, it generally does not affect child custody or child support decisions, as those are based on the child’s best interests.

Q14: What if my spouse and I agree on everything? Can we get an uncontested divorce?
A: Yes, if you and your spouse agree on all aspects of the divorce—grounds, property division, spousal support, and any child-related issues—you can pursue an uncontested divorce in Virginia Beach. This typically involves drafting a comprehensive Marital Settlement Agreement (MSA) that outlines all terms. An uncontested divorce is generally faster and less expensive, but it is still crucial to have an experienced attorney review or draft the MSA to ensure it is legally sound and protects your long-term interests.

Q15: What documents should I gather before meeting with a divorce attorney in Virginia Beach?
A: Before your confidential case review, it’s beneficial to gather as many financial documents as possible. This includes recent tax returns, pay stubs, bank statements, investment account statements, retirement account statements, deeds to real estate, mortgage statements, and any significant debt statements (credit cards, loans). Also, prepare a list of questions and your primary concerns regarding the divorce, and any key dates (marriage, separation, children’s birthdays). The SRIS Virginia Divorce Blueprint Tool (mentioned above) can guide you in this process.

When facing the prospect of divorce in Virginia Beach, the legal landscape can seem daunting. My commitment, and that of Law Offices Of SRIS, P.C., is to illuminate that path, providing the authoritative and experienced legal guidance you need. We understand the stakes and are prepared to champion your interests with the diligence and strategic acumen cultivated over decades of practice.

The Law Offices Of SRIS, P.C. stands ready to provide you with the knowledgeable and seasoned legal representation you need. Our team has the depth of experience required to navigate the complexities of divorce in Virginia Beach, ensuring your rights are protected and your future is secure. Do not leave your future to chance.

To schedule a confidential case review and discuss your specific situation, please call Law Offices Of SRIS, P.C. today at 888-437-7747. Our dedicated team is here to guide you through every step.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. The content is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should consult with a qualified attorney for advice regarding your individual situation. Laws are subject to change and vary by jurisdiction. Law Offices Of SRIS, P.C. operates exclusively within the bounds of legal and ethical practice.