Chesapeake Divorce Lawyer
Over a Decade of Family Law Experience Behind Your Divorce Strategy
Divorce can require decisions about marital property and debt, child custody and visitation, child support, and spousal support. Before filing, it’s important to understand whether your case may be contested or uncontested, whether temporary court orders may be needed, and which financial or parenting concerns need immediate attention.
At Pettrey Law, PLC, we help families and individuals in Chesapeake, Virginia Beach, and Suffolk understand the legal choices involved in ending a marriage. Attorney Kevin Pettrey has over a decade of family law experience and provides clear explanations and personalized legal strategies based on your circumstances.
Attorney Pettrey can help you prepare for the documents and decisions ahead. We can review income, assets, debts, living arrangements, and parenting responsibilities, then explain how Virginia divorce law and the Chesapeake Circuit Court process may apply to your case.
We offer free initial phone consultations, along with financing options and payment plans. You can use that conversation to discuss your concerns and determine your next legal step.
Call (757) 796-6996 or complete our online contact form to request a free initial phone consultation with our Chesapeake divorce attorney.
Divorce from Bed & Board
Virginia has two types of divorce: divorce from bed and board and divorce from the bonds of matrimony.
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 can’t remarry because they are still technically married. This option may be available to spouses who need court orders addressing separation-related issues, such as property division, spousal support, and child custody, without legally dissolving the marriage.
We can help you evaluate whether filing in the Chesapeake Circuit Court or another Virginia 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
A divorce from the bonds of matrimony 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.
Attorney Pettrey can assess whether a fault or no-fault filing makes 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 the issues in dispute may relate to 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 the spouses living separate and apart without interruption and without cohabitation for the period required by Virginia law. This type of divorce doesn’t require you to prove misconduct on the part of your spouse.
No-fault divorces generally require a separation period of at least one year. A six-month period may apply when you have no minor children and a written separation agreement is in place. While you don’t have to prove fault, this type of divorce can still be contested if you and your spouse can’t agree on the terms.
Fault-Based Divorce in Virginia
Virginia law also recognizes fault-based grounds for divorce. Whether to raise fault allegations requires a careful review of the facts, available evidence, and your legal strategy. Fault allegations can affect pleadings, evidence, support arguments, and the course of litigation, but they don’t automatically produce a particular property, support, or custody result.
The grounds for a fault-based divorce can include the following:
- Adultery: The other spouse engaged in adultery prior to the date of the parties’ last separation.
- Desertion or abandonment: The other spouse willfully deserted or abandoned the marriage for the period required by Virginia law.
- Cruelty or reasonable apprehension of bodily harm: The other spouse’s conduct makes continued cohabitation unsafe.
- Felony conviction: The other spouse was convicted of a felony after the marriage, sentenced to confinement for more than one year, and cohabitation has not resumed after knowledge of the confinement.
Fault-based divorces can take longer when allegations are disputed because the parties may need to present evidence to the court. The timing depends on the issues involved, the evidence required, and the court’s schedule.
Attorney Pettrey draws on over a decade of family law experience to help you decide whether to pursue a negotiated resolution or litigate disputed issues.
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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How Much Will My Divorce in Hampton Roads Cost?
The cost of your divorce will depend on multiple factors, but mainly it depends on whether the divorce is contested or not. Quite naturally, an uncontested divorce will not cost as much simply because the process is much more straightforward. In an uncontested divorce, you may not even see a day inside the courtroom. But in contested divorces, the costs depend on factors like:
- The extent of the disputes or disagreements between the spouses
- The potential for custody battles
- The number of assets, including the allegations of hidden assets
- The attorney you hire––and that does not only mean the attorney fees but the lawyer's legal competency and negotiating skills
Giving a precise prediction of how much your divorce will cost is impossible because of the various factors that go into it. The starting point in terms of costs is the filing fee associated with the divorce complaint, and then from there, it depends on the circumstances.
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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.