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Norfolk Divorce Attorney

You Deserve Trusted Hampton Roads Area Representation

Getting DivorcedDivorce can be a difficult thing to go through and many people find that they have questions regarding the divorce process, the legal proceedings, and how to quickly and efficiently finalize their divorce.

At Foley & Foley, P.C., our Norfolk divorce lawyers have significant experience in providing quality representation to couples. Our firm can work with you to find a favorable resolution.

You should never feel alone when facing divorce. Call (757) 300-1044 or contact us online to request a consultation with a dependable Norfolk divorce attorney team.

What Are Grounds for Divorce in Virginia?

Virginia has avenues for couples to file for divorce based on both no-fault and fault grounds.

No-Fault Divorce

This type of divorce doesn’t require any spouse to be at “fault” for a particular thing in order to permit the divorce.

Keep in mind though that “faults” can be used to determine various matters related to divorce such as:

  • Custody
  • Support
  • Property division, etc.

The only requirement for a no-fault divorce in Virginia is that the couple has lived apart from each other in separate households for one year or more. There are some circumstances that can reduce this time period to six months.

Fault Divorce

A couple can also file for divorce based on the following faults:

  • Adultery, sodomy, or buggery
  • Felony conviction
  • Abandonment (for a period of at least one year)
  • Cruelty

To learn more regarding your specific situation, contact our firm immediately.

How Foley & Foley, P.C. Can Help

There are many complex problems that could arise in any divorce. You will want a Norfolk, VA divorce lawyer on your side who can help you and your spouse reach a favorable resolution. Our team is also prepared to take a more aggressive approach if one side is being unreasonable.

Our Norfolk divorce attorneys can help you with:

Additionally, Foley & Foley, P.C. may be able to help you appeal or modifying an existing divorce decree. Depending on your needs, our skilled team of Norfolk, VA divorce attorneys will create a personalized plan of action and keep you updated and informed throughout your case.

Virginia Divorce FAQs

Is there a residency requirement for divorce in Virginia?

Yes, like most other states, Virginia does have a residency requirement. For a couple to file for divorce in the state, at least one of the spouses must be an actual resident for 6 months or more before filing for the divorce.

Is there a waiting period for divorce in Virginia?

If a couple is getting a no-fault divorce, then there is no additional waiting period after satisfying the 1-year separation period requirement. There is no waiting period for a divorce based on any type of adultery.

Do You Have to be Legally Separated to Get Divorced in VA?

Virginia does not technically have a process in which they grant legal separations. However, a couple can effectively get a legal separation through a Separation Agreement (or Property Settlement Agreement).

These can be utilized during a bed and board divorce. Keep in mind, you may have to wait an additional six months to a year before you can file for divorce, it strictly depends on the type of divorce you are filing.

Does it Matter Who Files for Divorce First in Virginia?

While filing for the divorce first doesn't have a huge advantage, it can give you more time to prepare.

You will have more time to find proper legal representation as well as filing the appropriate papers or documents. In certain occasions, it can even prevent your spouse from hiding finances or assets prior to the hearing.

What if my Spouse Doesn't Want a Divorce in Virginia?

The state of Virginia allows for anyone to become divorced, even without spouse consent, if certain requirements are met.

If you are trying to file for an immediate divorce, you will need to prove one of the following:

  • Your spouse committed adultery, sodomy, or buggery. You must not have lived with your spouse after he or she engaged in one or more of these acts.
  • Your spouse has been convicted of a felony and served jail time for one or more years. In addition, you cannot live with that spouse after he or she has been released.

If you fail to prove one of these, a standard divorce must be filed which has a one year waiting period.

Ready to Move Forward? Work with Our Norfolk Divorce Attorneys

At Foley & Foley, P.C., we understand that this time in your life may be difficult, but you do not have to go through it alone. Our divorce lawyers in Norfolk, VA are committed to providing clients with personalized representation and trusted counsel.

For more information on how our team in the Hampton Roads area can help, contact us online or call us at (757) 300-1044 and schedule an appointment with a Norfolk divorce attorney at Foley & Foley, P.C.

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