When you and your spouse decide to end your marriage, the process can be daunting. Facing an uncertain future, you must make decisions regarding your children and your property. An experienced divorce attorney at Joseph & Mische, P.C. can provide necessary guidance and aggressive advocacy to help you dissolve your marriage on favorable terms. We draw on more than 70 years of family law experience to provide fair and reasonable resolutions tailored to your specific needs and goals.
Virginia has fault-based divorce and no-fault divorce. A court can grant a divorce for fault on the following grounds: adultery, cruelty, and desertion. In some cases, a court will also grant divorce if your spouse has been convicted of a felony and incarcerated for more than one year. A petitioner who files for divorce based on grounds must be prepared to present specific, reliable evidence of the marital misconduct.
No-fault divorce is easier on the parties, because it does not require proof of marital misconduct. However, no-fault divorce does require a period of separation before you can file. The length of the separation varies based on your circumstances. For parties with children or parties with no written agreement, the separation period is one year. For parties with no children and a written agreement that resolves all issues between them, the separation period is six months.
Our Charlottesville divorce attorneys have experience in all aspects of divorce cases and have handled many no-fault and fault-based divorce cases. They are prepared to help you make the best decisions for your particular situation.
Our attorneys make sure you understand your rights and options as well as the entire legal process. Here are, briefly, the essential steps for seeking divorce in the Commonwealth of Virginia:
Depending upon your circumstances and the willingness of each party to reach agreement, your divorce can take a few months or much longer. Our experienced and attentive family law attorneys assist you through every step of the process.
For knowledgeable and reliable divorce representation, trust a law firm with more than 70 years of combined family law experience. Call the Charlottesville office of Joseph & Mische, P.C. at 434.260.8749 or contact the firm online to schedule a confidential appointment.