Fredericksburg Divorce Attorney

Embarking on the first steps out of a marriage can be daunting. With every decision feeling overwhelming, the Select Law Partners PLLC team in Fredericksburg, Virginia, understands the complexity and emotional toll this process can take. Whether you’re contemplating divorce or ready to move forward, our divorce lawyers are here to guide you through every aspect of the process.

Our Fredericksburg family lawyers are here to answer questions about the Virginia divorce process or other family law cases. Call (855) 541-4867 to request your initial consultation.

Why do I need a divorce lawyer? Can’t I just file myself?

While you aren’t required to be represented by a family lawyer when filing for divorce, it’s the best way to ensure that your interests are protected and the divorce is fair. This is particularly important if you and your spouse cannot agree on the terms of your divorce or if your spouse has hired a family law attorney to represent them.

What types of divorce are available in Virginia?

Virginia law provides for several types of divorce, and understanding the differences can help you navigate the process more effectively. Here’s an in-depth look at the types of divorce available in Virginia.

No-fault divorce

Virginia allows for no-fault divorces, meaning that a spouse does not need to prove the other spouse did something wrong to get a divorce.

Instead, one can simply cite “irreconcilable differences” as the reason for the divorce, indicating that the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

To get a no-fault divorce in Virginia, you only need to prove:

  • You’ve been separated for at least a year, or
  • You and your spouse don’t have any minor children together AND you’ve both signed a Separation Agreement

Fault-based divorce

Virginia law allows for fault-based divorces, which are typically harder to get. In a fault-based divorce, one spouse alleges and must prove that the other spouse’s misconduct led to the breakdown of the marriage. Grounds for a fault-based divorce include:

  • Adultery
  • Cruelty (physical or emotional)
  • Willful desertion or abandonment for at least one year
  • Long-term incarceration (more than one year)
  • Confinement in a mental hospital for at least three years with little or no prospect of improvement

Fault-based divorces can impact the division of marital property and the awarding of spousal support. For instance, if one spouse is found to be at fault for the divorce due to infidelity, they may receive a smaller portion of the marital estate or be ordered to pay more in spousal support.

Uncontested divorce

An uncontested divorce, also known as an agreed divorce, occurs when both spouses agree on all major issues, including property division, child custody, and spousal support. Uncontested divorces are generally quicker and less expensive than contested divorces since they require less court intervention and can often be finalized without a trial.

Contested divorce

A contested divorce happens when spouses cannot agree on one or more critical aspects of their divorce, such as asset division, child custody, or spousal support. Contested divorces typically require more extensive legal intervention, including negotiation, mediation, and possibly a trial, making them more time-consuming and costly.

Legal separation vs. divorce in Fredericksburg

In Virginia, while there’s no formal recognition for legal separation, you have alternatives that function similarly, such as separation agreements or suits for separate maintenance. These measures can address financial responsibilities, property division, and child custody without an official divorce decree. Understanding these options is vital, and as your Fredericksburg divorce attorney, we can help you navigate the path that best suits your unique situation.

Options for divorce proceedings in Fredericksburg

Our Fredericksburg family law attorneys want our clients to achieve their goals throughout the divorce process in the least stressful, most cost-efficient manner possible.

Every situation is unique, and we often recommend the following.

Negotiation

Your family law attorney with Select Law Partners PLLC will negotiate directly with your spouse’s attorney on your behalf to attempt to reach a complete resolution and achieve the goals you desire.

Mediation

Your attorney represents you in negotiations using a third-party neutral specifically trained in family law conflict resolution. Mediation provides more privacy than the public courtroom, and there is no public record of the discussions during mediation.

Trial

When trial is the best option to get the desired results, we will aggressively fight for you. The Virginia courtroom is often not the best option in a family law matter. However, when required, you deserve a team that knows how to navigate it.

Other ways we can assist in your divorce

Rights to marital home

Deciding who stays in the marital home during and after a divorce can be emotionally charged. Virginia law seeks equitable division, but the specifics can vary widely based on your circumstances. We’ll help you understand your rights, negotiate on your behalf, and ensure the outcome respects your and your children’s needs and well-being.

Retirement accounts and divorce

Retirement savings are often among the most significant assets divided during a divorce. The division process respects Virginia’s community property laws, yet it’s crucial to approach this with a clear strategy. Whether through QDROs or negotiated agreements, we aim to protect your financial future post-divorce.

Post-divorce modifications

Life’s constant changes may necessitate modifications to your divorce decree. Whether it’s adjusting child support, custody arrangements, or spousal maintenance, we’re here to advocate for your needs and those of your children, ensuring the decree evolves as your life does.

Parental relocation

Relocating with a child after divorce introduces a complex layer of legal considerations, significantly if the move impacts the current custody and visitation agreements. We’ll guide you through the legal requirements to ensure the move aligns with your child’s best interests while maintaining your parental rights.

High-conflict divorce

Navigating a high-conflict divorce demands a strategy that protects your emotional and physical well-being. Our approach combines assertive legal representation with compassionate support, ensuring you and your children are shielded from unnecessary stress and conflict.

Same-sex divorce

Same-sex couples face unique challenges in divorce, particularly with child custody and marital property issues. Our firm is committed to providing knowledgeable support and advocacy, ensuring your rights are protected and respected throughout the divorce process.

Prenuptial and postnuptial agreements

Understanding the influence of prenuptial (premarital) and postnuptial agreements on your divorce is crucial. These agreements can significantly impact asset division and spousal support. We can help interpret existing agreements or advocate for your interests without such agreements.

Schedule a consultation with our Fredericksburg divorce attorneys

Select Law Partners PLLC handles your journey through divorce with utmost care and professionalism. Every step of the way, your Fredericksburg divorce attorney provides the compassionate, comprehensive support you need. To discuss these aspects further and explore how we can assist you, please don’t hesitate to schedule a consultation. Your well-being is our priority; together, we can navigate the path to a new beginning.

Schedule a meeting with one of our divorce lawyers serving Fredericksburg about your unique situation. We will answer any questions and explain your legal rights and options. Our law firm serves all of Virginia.

Frequently asked questions about Virginia divorce

How long does it take to get a divorce in Virginia?

How long your divorce will take to resolve depends primarily on whether you are filing a contested or uncontested divorce. If you and your spouse cannot agree on the terms of your divorce, the process will take much longer as your family law lawyers negotiate the terms and the judge incorporates the agreement into a court roder. It could take anywhere from 6 months to 1 year. If you and your spouse can agree on all terms, you can finalize your divorce in as few as 60 days.

Who can file for divorce in Virginia?

If you are going to file for divorce in Virginia, you must have resided in Virginia for a minimum of 6 months leading up to your divorce and have been living in the county in which you are filing for at least 90 days.

State law allows “nonresident” spouses to file for divorce in Virginia as long as their spouse has lived in Virginia for at least the last six months.

Do you pay your spouse’s divorce lawyer in Virginia?

In some Virginia divorce cases, each spouse pays their divorce attorneys. In other divorce cases, one spouse must pay all or part of their ex’s attorney fees. The family law judge in Virginia decides who pays divorce lawyer fees on a case-by-case basis.

Is divorce mediation right for me?

In some situations, a judge may require you and your spouse to undergo mediation, especially if your divorce involves children. If the court does not require you to go through mediation, you should still consider it. Mediation allows both parties to discuss their disagreements about the divorce with an impartial third party (or mediator) who can then help them come to an amicable agreement and thereby spare both parties from having to undergo a lengthy court proceeding.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

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910 Littlepage Street
Suite A
Fredericksburg, VA 22401
Hours: M-Th 9a-5p, Fr 9a-1p

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Suite 300
Fairfax, VA 22030
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