DIVORCE FAQs

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What are grounds for divorce in Virginia?

• Adultery;
• Cruelty; Constructive Desertion
• Willful Desertion
• Separation for a statutory period ("no-fault")

How long does it take to get a divorce?

• For divorces based upon separation, desertion or cruelty, a one year period of  separation is required before a divorce can be finalized;
• A divorce can be granted for adultery without a waiting period (however, if contested,  the process is often much longer than anticipated and may still take a year to be resolved);
• For divorces where the parties have reached a settlement agreement and there are no minor children of the marriage, a divorce can be entered after six months of separation

How is property divided in a divorce?

•  Virginia provides for the "equitable" distribution of marital property and marital debt

What is marital property?

• All property acquired from the date of marriage to the date of the parties' separation, excluding separate property such as inheritances and gifts

What is a Marital or Property Settlement Agreement?

• A Property Settlement Agreement is a written contract between the parties that resolves the issues of the marriage and sets forth their rights and  obligations arising from their  divorce, including  but not limited to spousal support, property division, child custody, child support, and attorney's fees

How does the Divorce Mediation Process Work?

• The role of the mediator is to facilitate the settlement discussions of the spouses
• The mediation process is confidential (meaning it can't be used against you at trial) and it isn’t legally binding (meaning either party can walk away from it at any point), however, the goal of mediation is ultimately to enter into a settlement agreement
• You are not required to be represented by an attorney for mediation, however, keep in mind that mediators cannot give you legal advice
• Some mediation services do not allow counsel to be present in the mediation, however, that does not prevent you from consulting with counsel outside of mediation to ensure you are entering into an agreement that best protects your interests