Divorce

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.

Request a case assessment with our Chesapeake divorce attorney at Pettrey Law, PLC by calling (757) 796-6996 or completing our online contact form.

Uncontested & Contested Divorce in Chesapeake & Surrounding Areas

The divorce process is partly dependent on whether it's contested or not. Uncontested cases can move quickly when you and your spouse agree on all the divorce terms. However, the divorce becomes contested when one spouse challenges any of its issues.

The process will proceed to trial in a contested divorce unless you and your spouse can negotiate an agreement. Sometimes, mediation or another alternative dispute resolution process may help reach an acceptable compromise. Your agreement can then be submitted to the court for approval.

Critical Issues in a Virginia Divorce

In Virginia, several issues must be resolved to secure your divorce. These include:

The equitable division of marital property and debt generally involves valuation and division/distribution of assets, such as the family home, other real estate, investments, bank accounts, vehicles, boats, personal belongings, retirement accounts, pensions, and more.
Child custody arrangements and visitation.
Spousal support, also known as alimony.
Child support obligations, which are subject to Virginia guidelines. Both parents are required to provide financial support for their children. The court may order child support when a parent has primary custody and the financial circumstances require it.

Each couple’s situation is unique, requiring personalized legal strategies to address parental and financial concerns effectively. Attorney Pettrey’s extensive experience in these matters gives you the advantage of his depth of knowledge, proven legal skills, and uncompromising commitment to providing legal excellence.

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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.

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.

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Values That Drive Us Integrity, Compassion, and Advocacy at Our Core

Proven Results
Committed to excellence and proven success, we strive for favorable outcomes using experience and innovative legal strategies to protect your rights and interests.
Integrity and Transparency
We 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.
Compassionate Counsel
We 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.
Client-Centered Advocacy
At 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.

Residency Requirements for a Divorce in Chesapeake, VA

To file for divorce in Virginia, at least one of the spouses must have been a state resident for a minimum of six months before filing, and one of you must still reside in the state at the time of filing.

This requirement ensures that the Virginia courts have jurisdiction over the case, making it possible to resolve disputes effectively according to state law.

The Divorce Process

The Virginia divorce process begins with filing a complaint, followed by serving the complaint on the other spouse. Both parties may engage in “discovery,” gathering necessary financial and personal information.

Temporary support and custody may be addressed initially, followed by mediation or negotiation to reach settlements. If agreements cannot be met, the case may proceed to trial, where a judge will make final determinations based on the evidence presented.

Why Choose Our Firm?

Our firm is uniquely equipped to handle the complexities of divorce with a combination of legal acumen, emotional support, and strategic representation. We understand the profound personal changes accompanying divorce and are committed to guiding you through this challenging transition with personalized care.

With our extensive experience in Virginia family law, we advocate vigorously to protect your interests, striving for equitable and viable outcomes that promote a stable future for you and your children.

Contact us online or at (757) 796-6996 to consult our Chesapeake divorce attorney today.

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Your Divorce Questions, Answered.

Still have questions or can't find the answer you need? Give us a call at 757-796-6996 today!

How Do I Start My Divorce in Hampton Roads?

To start any divorce in any state, you have to file a petition to dissolve the marriage with the court clerk. The court where you must file the petition varies state to state or county to county. Once the petition is filed, the other spouse has a certain number of days to answer the petition unless the divorce is a mutual one, making an answer unnecessary. The most efficient way to start a divorce is to contact a divorce attorney to handle it for you. This way the petition is properly filed and/or timely answered.
How Is Hampton Roads Alimony Determined?

Alimony, also referred to as spousal support or spousal maintenance, is determined on a case-by-case basis with each state having their specific, respective guidelines. Most states consider the present earning ability and future earning opportunities of the spouses. If one spouse was dependent on the other spouse through the marriage, that factor will weigh heavily on any court's decision on alimony.
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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