We have the experience to navigate the complex system for you
As a divorce attorney in Chesapeake, Virginia we know the ins and outs of the system. Whether you have been married for a day or for a year, to end your marriage you must get divorced. There are very few circumstances that allow an annulment in Virginia.
You must be separated for one year before you can be divorced, unless there are fault grounds, such as adultery, desertion, or cruelty. If you do not have children with your spouse and you have entered into a property settlement agreement resolving all issues in controversy, the waiting period can be shortened to six months. Some courts are faster than others, and you may have more than one court to choose from when filing, having an experienced divorce attorney can help you know where to file.
The first step in any divorce is to formulate a plan of attack. What do you want, and what does your spouse want? If the two of you can agree on these issues, then an agreement can be negotiated and significant time and money can be saved for all involved. Things to consider include your real property, such as a house, personal property like automobiles, furniture, heirlooms, child custody and visitation, if applicable, retirement and pensions, and support.
Property is dealt with through “equitable distribution” and is treated in today’s courts as a business arrangement. Nothing requires a 50/50 split of property, though that is the most likely outcome. If you want something different than an even split, you need an experienced divorce attorney to argue your case. This is the most complicated part of many divorces. The first step is classification of the property, then valuation, and finally division. Certain types of property can only be divided certain ways.