Chesapeake Divorce Lawyer
Representing Clients in Virginia Beach & Suffolk, VA
Divorce has increased nationwide in the past decades. According to data from the American Psychological Association (APA), approximately 40% to 50% of first marriages ultimately end in divorce.
This increase has much to do with social acceptance of divorce. However, that does not make the dissolution of your marriage any easier. You must make decisions affecting your future and any children you may share with an ex-spouse. Getting the correct information about all aspects of the divorce process is crucial to making informed and rational decisions.
At Pettrey Law, PLC, we know you likely have many questions and concerns about your divorce. Our attorney can help you understand your rights and responsibilities during this particularly difficult time. With over a decade of family law experience, Attorney Pettrey can provide the skilled representation and human support you need to optimally resolve your divorce's unique circumstances and challenges.
When you work with a divorce attorney Chesapeake residents trust, you gain a guide who can explain how local courts apply Virginia law and what to expect at each stage of your case. We can walk you through how judges in the Chesapeake Circuit Court and nearby courts typically address contested issues, what documents you will need, and how to prepare for hearings so you can move forward with greater confidence and stability.
Request a case assessment with our Chesapeake divorce attorney at Pettrey Law, PLC by calling (757) 796-6996 or completing our online contact form.
Two Types of Virginia Divorce
Virginia has two types of divorce: 1. divorce from bed and board, and 2. divorce from the bonds of matrimony.
Divorce from Bed & Board
A "divorce from bed and board" is a partial or limited divorce, akin to a legal separation. In this type of divorce, the couple is legally recognized as separated and cannot remarry since they are still technically married. This option is typically pursued in cases where you wish to formalize your separation and address issues such as property division, spousal support, and child custody without legally dissolving the marriage.
In practice, this kind of limited divorce can be a useful tool for spouses in Chesapeake who are not yet ready to end the marriage completely but need court orders to protect their finances, living arrangements, and parenting schedules. We can help you evaluate whether filing in the Chesapeake Circuit Court or another Hampton Roads court is appropriate in your situation and what long-term implications this choice may have if you later decide to pursue an absolute divorce.
Divorce from the Bonds of Matrimony
This is a complete and absolute dissolution of the marriage, legally ending the marital relationship and allowing both parties to remarry. This type of divorce can be pursued on both no-fault and fault-based grounds.
When you seek this type of divorce, a divorce lawyer Chesapeake families turn to can assess whether a fault or no-fault filing makes more sense based on your goals, safety concerns, and financial circumstances. We can discuss how factors such as the length of the marriage, each spouse’s income, and any history of abuse or criminal charges might affect property division, support, and custody so you can make thoughtful decisions about how to proceed.
Values That Drive Us Integrity, Compassion, and Advocacy at Our Core
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Proven ResultsCommitted to excellence and proven success, we strive for favorable outcomes using experience and innovative legal strategies to protect your rights and interests.
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Integrity and TransparencyWe pride ourselves on building trust with our clients through open communication and honest advice. At Pettrey Law, you will always know where your case stands and the options available to you.
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Compassionate CounselWe understand that legal matters can be stressful and emotional. Our team is here to provide not only expert legal advice but also the empathy and understanding you need during challenging times.
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Client-Centered AdvocacyAt Pettrey Law, PLC, your needs come first. We focus on personalized legal strategies, ensuring you receive the guidance and support tailored to your unique situation.
No-Fault Divorce in Virginia
No-fault divorce is based on an irretrievable breakdown in the marriage with no prospect of reconciliation. This type of divorce does not require that you prove any misconduct on the part of your spouse.
No-fault divorces require a separation period of at least one year or six months if you have no minor children and a separation agreement is in place. While you do not have to prove fault, this type of divorce can still be contested if you and your spouse cannot agree on the terms.
Fault-Based Divorce in Virginia
Fault-based divorces are seldom required today, but some spouses may still wish to pursue one for several reasons. These can include using fault as a factor to obtain a better outcome for property division, child custody, or financial support issues.
The grounds for a fault-based divorce typically include the following:
- Adultery: The other spouse had an affair during the marriage.
- Abandonment: The other spouse has physically left or has refused to engage in sexual relations for at least one year.
- Cruel and inhuman treatment: The other spouse makes it unsafe or improper to live with them.
- Felony conviction: The other spouse has been in prison for at least three consecutive years.
- Substance abuse: The other spouse has an addiction to alcohol and/or drugs.
Establishing fault grounds can influence decisions related to spousal support and asset division, making it crucial to thoroughly understand and address these aspects. Although fault grounds are far more contentious, they can lead to better property, support, and custody outcomes for the aggrieved spouse who files for divorce.
Fault-based divorces generally take longer due to the necessity for presenting and proving your case before a family court judge.
Your Divorce Questions, Answered.
Still have questions or can't find the answer you need? Give us a call at 757-796-6996 today!
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My Spouse Is Abusive. How Do I Protect Myself During the Divorce?Spouses who have abusive spouses are in most danger when they seek divorce. You should protect yourself by getting as much help and support you can. You can file a restraining order, the process of which varies state to state. You should also consider state and local programs aimed at helping survivors of domestic abuse. You also want to build a network of support using friends and family as well as a supportive family law attorney.
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How Is Hampton Roads Child Custody or Support Determined?Child custody, visitation, and child support are determined case-by-case with each state having their specific, respective guidelines. These matters, however, are always determined by considering the "best interests of the child" standard. In general, though, courts want both parents to build strong relationships with their children. Courts also recognize that both parents are financially responsible for the child. Child custody, visitation, and child support will reflect those beliefs as the basis of the determination.
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What if My Spouse Does Not Want a Divorce?You can still file for divorce even if your spouse does not want the divorce. Some states require a period of separation, and that could be metaphorically or physically, and other states do not require it. Regardless of any separation requirement, all states allow no-fault divorces. No fault simply means the marriage has irretrievably broken down or the spouses have irreconcilable differences.