How quickly can I get a divorce in Virginia?

If you have a written property settlement agreement, we can usually get you divorced in approximately six weeks, if the other side is cooperative. If you do not have an agreement, the Courts try and have a divorce trial within one year of filing.

How can I get sole child custody?

There are two types of custody, legal and physical. The Court’s generally award joint legal custody as they want both parents involved in the major decisions affecting the child. The Courts may award sole legal custody if one party has mental health issues, has alcohol or drug impairment, has committed violence against you and/or the child, or is so nasty that you can’t have a conversation about the child with the other parent. Physical custody is where the child primarily resides. If one parent has over 90 days with the child in one year, this will be considered shared physical custody for child support determination.

How is alimony determined?

In Virginia, alimony is called spousal support. There are a number of factors that the court determines in awarding spousal support. Some of these factors include, the incomes of the parties, the needs of one party to obtain education to be self-sufficient, the length of the marriage, the economic status of the parties during the marriage, among other things.

How does equitable distribution work in a divorce?

It is a lawyer’s job to identify the asset and value the asset. The Judge determines how to distribute the asset. Assts include, bank accounts, investment accounts, real and personal property, retirement, etc. We also have to do the same thing for debts.

How is child support calculated?

Virginia uses guidelines. If one party has the child 90 days or less we use the sole child support guidelines. If the other party has the child for more than 90 days, child support is calculated on the shared child support guidelines. We input gross incomes of both parties (before taxes), any health insurance expenses for the child, and any work-related day care expenses.

Do I really need a divorce attorney?

If there are children involved or if you have property or need support, we highly recommend you seek counsel. If your soon to be partner hands you a property settlement agreement, pay a consultation fee to go over the Agreement before signing it.

What are the legal grounds for obtaining a divorce in Virginia?

We have four grounds: Fault-grounds include adultery, physical abuse (not mental or emotional abuse), and desertion (either actual or constructive). We also have a no-fault ground of living separate and apart in excess of six months (if there are no minor children AND you have a written property settlement agreement). Otherwise, it is one year.

FAQ About Family Law / Domestic Relations in Virginia

Alanna Williams
September 5, 2023

How quickly can I get a divorce in Virginia?
If you have a written property settlement agreement, we can usually get you divorced in approximately six weeks, if the other side is cooperative. If you do not have an agreement, the Courts try and have a divorce trial within one year of filing.
How can I get sole child custody?
There are two types of custody, legal and physical. The Court’s generally award joint legal custody as they want both parents involved in the major decisions affecting the child. The Courts may award sole legal custody if one party has mental health issues, has alcohol or drug impairment, has committed violence against you and/or the child, or is so nasty that you can’t have a conversation about the child with the other parent. Physical custody is where the child primarily resides. If one parent has over 90 days with the child in one year, this will be considered shared physical custody for child support determination.
How is alimony determined?
In Virginia, alimony is called spousal support. There are a number of factors that the court determines in awarding spousal support. Some of these factors include, the incomes of the parties, the needs of one party to obtain education to be self-sufficient, the length of the marriage, the economic status of the parties during the marriage, among other things.
How does equitable distribution work in a divorce?
It is a lawyer’s job to identify the asset and value the asset. The Judge determines how to distribute the asset. Assts include, bank accounts, investment accounts, real and personal property, retirement, etc. We also have to do the same thing for debts.
How is child support calculated?
Virginia uses guidelines. If one party has the child 90 days or less we use the sole child support guidelines. If the other party has the child for more than 90 days, child support is calculated on the shared child support guidelines. We input gross incomes of both parties (before taxes), any health insurance expenses for the child, and any work-related day care expenses.
Do I really need a divorce attorney?
If there are children involved or if you have property or need support, we highly recommend you seek counsel. If your soon to be partner hands you a property settlement agreement, pay a consultation fee to go over the Agreement before signing it.
What are the legal grounds for obtaining a divorce in Virginia?
We have four grounds: Fault-grounds include adultery, physical abuse (not mental or emotional abuse), and desertion (either actual or constructive). We also have a no-fault ground of living separate and apart in excess of six months (if there are no minor children AND you have a written property settlement agreement). Otherwise, it is one year.

Alanna Williams