Common Questions Regarding Divorces In Virginia

Think about someone you know that is divorced. How did it get brought up? There are scenarios where a married couple sits down for a serious conversation about the future of their relationship. Ultimately, they may conclude that dissolving their marriage is in everyone’s best interest. 

However, there are other scenarios (which are just as likely to occur) in which one person states that they no longer want to be in the marriage. Regardless, when you first realize that your marriage is ending, what do you do? Because no one goes into a marriage planning on being divorced, they may know nothing about the process. 

Remember that many people have gone through this before you—and you won’t do it alone. At the very least, you should have an attorney to represent you and your interests. To help you understand the divorce process, we wanted to provide the following information:


If you or your spouse plan on divorcing in Virginia, you must ensure you are eligible to do so. The plaintiff (person filing for divorce) must have lived in this state for six months. If that requirement is met, then you need to have grounds for the divorce:

  • There is evidence of adultery (not just an accusation of adultery)
  • Felony conviction with at least one year of imprisonment
  • When there is cruelty present or if someone is living in an unsafe condition 
  • When one spouse has abandoned or deserted the other

If none of those apply to your situation, you can file for a no-fault divorce. To obtain a no-fault divorce, you must live apart for one year (if you have children) or six months if you don’t have children. 

The Divorce Process

You and your spouse have to agree about how to divide your marital assets, along with handling your debts and child custody. Though you may have seen, read, or heard that Virginia distributes assets equitably, that does not mean evenly. Your family law attorney can explain how that applies to your unique situation. 

But you do need to keep in mind that the judge decides for you if you cannot reach an agreement through negotiation or mediation. When couples agree, it is said to be an uncontested divorce. Your attorneys can and will draft a separation agreement that outlines the terms of your arrangement, and it serves as the bedrock of your uncontested divorce. 

The Law Offices Of Robert Dawson

As complex as divorce may be (legally and emotionally), take comfort in knowing that your attorney will guide you through the process. Since 2014, The Law Offices of Robert Dawson has been providing tailored legal advice to people in your situation. For more information about how we can help with your divorce, contact us to schedule a consultation.

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Law Office of Robert Dawson

You have more power than you realize. If you need a professional attorney who has built a reputation within employment and business law, contact the Law Offices of Robert Dawson. We are passionate about protecting our clients and pursuing their interests. Contact us for tailored legal solutions.

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