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During your consultation, our attorneys will inform you of a necessary retainer to get started on your case. Your retainer fee is based on the type of case (i.e. contested divorce, child support modification, child custody modification, etc.), your goals, and the estimated time and work needed to properly represent you. For insight into our billing process please read this article.

A contested divorce is the “traditional” legal matter people think of when they hear the word divorce. This is when a couple cannot agree on the terms of their divorce and must go to court or mediation to resolve them. In the end, a judge will decide terms for you if you cannot agree to a settlement on your own or through your attorney.

An uncontested divorce is a type of divorce where both parties agree on the issues involved in the case, if any. In this type of divorce, commonly known as a “fast” divorce, the major issues in the case are settled by the spouses rather than in a trial where the courts would make those decisions.
You can learn more about this “fast” divorce process here.

A Separation and Property Settlement Agreement is a written contract between the parties that presents their rights, duties and obligations that arise out of their separation and divorce. These may include such things as the division of their property, spousal support, custody, and child support. Separation Agreements are not required in the divorce process, though they are highly recommended.

The State of Virginia allows for divorce on fault-based and no-fault grounds.

Fault-based grounds include adultery, if your ex has a felony conviction that results in a sentence of at least one year and that caused him or her to spend at least some time behind bars, desertion or abandonment, or reasonable fear for bodily harm.

No-fault grounds are granted based on a few conditions. At least one party must be a resident of Virginia for at least six months, neither party is filing for fault grounds, you and your spouse must have lived separately for one year, or six months if you do not have children under the age of 18.

In Virginia, a final uncontested divorce may not be granted until the parties have been separated for at least one year if there are children born of the marriage. In the event that the parties have no children and have signed a Separation and Property Settlement Agreement, the parties may proceed with the divorce after a six-month separation.

Marital property refers to anything of value that is acquired during the time in which the spouses were legally married. This includes bank accounts, income, investment portfolios, pensions, retirement accounts, houses, cars, jewelry, art, clothing, furniture, and even pets. Life insurance policies and lottery winnings are also considered marital property.
Read our article on marital property.

Living with a spouse during a divorce can be a viable option for some but might not be suitable for others. It’s a personal decision that requires careful consideration of various factors, including emotional well-being, financial implications, and legal consequences.
Read our blog on this topic.