Charlottesville Divorce Lawyers

What is Our Process?

We begin with an in-person or telephone conference with you.  The conference generally lasts approximately one hour.  The conference is completely confidential. In that conference we learn about the client’s situation and concerns, and we can give the client some initial ideas about options for resolving the client’s concerns.  If, at the end of the conference or later, the client wishes to hire us, we will ask the client to sign a representation agreement and to pay an initial deposit of fees.  The amount of the deposit depends on the type of case.  We then ask the client to complete a comprehensive questionnaire regarding the client’s income, property, children, marriage, separation and other issues.  With that information we will, depending on what the client has hired us to do, begin negotiating on the client’s behalf, filing court papers, etc.

What are the Grounds of Divorce?

Until a party has “grounds” for the divorce, a divorce case cannot be started and a judge cannot grant a divorce. There are two types of grounds for divorce:  fault grounds and no-fault grounds.

What are Fault Grounds?

Fault grounds include:

• Adultery.  Adultery is sexual intercourse with someone other than a spouse.  To learn more about adultery in a divorce case, see Adultery and Divorce in Virginia.
• Sodomy outside of the marriage. Under Virginia law sodomy includes types of sexual activity other than intercourse.
• Desertion/Abandonment.  Desertion/Abandonment is the intentional breaking off of cohabitation with the intent that this continue.  To learn more about desertion/abandonment, see Desertion/Abandonment and Divorce in Virginia.
• Cruelty. Cruelty is behavior by a spouse which renders the marriage intolerable.  Courts often require the behavior to include physical violence, but in some circumstances courts will allow behavior that does not amount to physical violence to qualify.  To learn more about cruelty, see Cruelty and Divorce in Virginia.
• Conviction of a felony and incarceration of a year or more

What are No-Fault Grounds?

If a couple has no children, and they have signed an agreement resolving all issues between them, a divorce can be filed after six months of separation.  On the other hand, if a couple has children, or if they do not have children but have not resolved all of their issues by written agreement, a party can file a divorce case after one year of separation.

What is Separation? 

Separation is legally defined as living separate and apart without cohabitation.  Some judges find that a couple is separated even if the couple is still living in the same home; other judges will find that a couple is not separated unless the couple is living in separate residences.  To learn more about separation, see Separation and Divorce in Virginia. 

Should You Move Out of the Marital Home?

There is not a one-size-fits-all answer to this question. Moving out may be necessary if you are in physical danger.  If you are not in physical danger, however, and you move out, your spouse may be able to accuse you of abandonment or desertion.  When a couple have children, and one parent moves out without the children, the other spouse could claim that he or she should have primary physical custody because he or she is in the residence where the children may be more comfortable.  If you have children, and move out with the children, your spouse could claim that you are trying to take the children away from him or her. In short, moving out is an incredibly important decision that should be made, if possible, only after considering all of the implications.

How Long Does a Divorce Take? 

When a couple has signed an agreement resolving all of their issues (such as property division, custody, etc.) and they have been separated for the necessary amount of time (either six months or one year), a divorce can be finalized in several weeks.  If, on the other hand, a couple strongly disagree on a number of issues, such that a trial will be necessary to resolve their differences, a divorce could up to a year or more to complete.

What Options Exist for Resolving Your Issues? 

A couple have a number of options for resolving their issues.  These include each hiring an attorney and negotiating through the attorneys, private mediation, collaborative law, the juvenile and domestic relations district court, or circuit court.