Guiding You Through One of Life's Most Difficult Transitions.

Divorce Attorney in Williamsburg, VA

The decision to end a marriage is never easy. You may be feeling overwhelmed, uncertain about the future, and unsure where to begin.

At Selje Law, we understand what you are going through. We provide experienced legal counsel to help you navigate Virginia divorce law, protect your interests, and move forward with confidence.

How Divorce Works in Virginia

In Virginia, a valid marriage can only be terminated by annulment, divorce, or death.

Divorce is the legal separation of husband and wife effected by the judgment or decree of the court.

There are two types of divorce in Virginia:



• Judicial Separation (also known as Divorce from Bed and Board or Divorce a Mensa et Thoro)
• Absolute Divorce (also known as Divorce from the Bond of Matrimony or Divorce Vinculo a Matrimonii)

Annulments

Virginia courts may grant annulments in cases such as the following, which render a marriage voidable:

• bigamy
• incest
• nonage
• fraud
• duress
• mental incapacity
• infirmity
• intoxication
• felony conviction
• impotency
• concealment of parenthood
• prostitution

Divorce—

Judicial Separation

This type of divorce legally separates the parties, but the marriage remains valid.

Neither spouse may remarry or commit adultery while the other is still alive.

This option is not common but may be appropriate in certain circumstances.

Divorce—

Absolute Divorce

This is a complete termination of the marriage.

Once an absolute divorce is granted, both parties are free to remarry.

This is the type of divorce most people seek when they decide to end their marriage.

Grounds for Divorce in Virginia

Virginia requires legal grounds before a court will grant an absolute divorce.

These grounds fall into two categories: fault-based and no-fault.

Fault-Based Grounds

Adultery (including sodomy or buggery): No waiting period required, but proof can be difficult to establish in Virginia courts.

Conviction of a felony: The felony must carry a sentence of incarceration for one year or more. No waiting period required.

Cruelty: Requires a one-year waiting period before filing.

Willful desertion or abandonment: Requires a one-year waiting period before filing.

No-Fault Ground

Living separate and apart without cohabitation: Requires a one-year waiting period. This is reduced to six months if the parties have no minor children and have executed a signed separation agreement.



If you have only been married a short time, you generally cannot get divorced immediately unless your spouse committed adultery or was convicted of a qualifying felony. Even short marriages require meeting Virginia's waiting period requirements.

What to Expect During the Divorce Process

Every divorce is different, but most divorces in Virginia follow a general process. Understanding what to expect can help reduce anxiety and allow you to make informed decisions.

Separation and Property

 Settlement Agreements

A Separation and Property Settlement Agreement is a contract between spouses that resolves the issues arising from their separation and divorce. This agreement is one of the most important documents in the divorce process.

What the Agreement Typically Addresses:

• Child custody and visitation arrangements

• Child support

• Spousal support

• Division of marital property and debts

Benefits of Reaching an Agreement:

• You and your spouse decide the terms, not a judge

• You may avoid having to appear in court

• The process is typically faster

• Legal costs are often lower

• The waiting period may be reduced to six months if you have no minor children

Even if you and your spouse cannot agree on everything, reaching agreement on some issues can still simplify the process and reduce litigation costs.

Property Division in Virginia

Virginia follows the principle of equitable distribution when dividing marital property. Equitable means fair, but it does not necessarily mean equal. The court aims to achieve a fair distribution based on the circumstances of each case.ou can customize its design.

The Four-Step Process:

1. Determine ownership and value: The court identifies all property owned by either or both spouses and determines its current value.

2. Classify the property: Property is classified as marital, separate, or part-marital and part-separate. Marital property is generally subject to division; separate property typically is not.

3. Apply statutory factors: Virginia law provides a list of factors the court must consider when deciding how to divide marital property fairly.



4. Award property and debts: The court awards specific property to each spouse and may grant a monetary award to achieve an equitable result.

Property division can become complicated when the marital estate includes retirement accounts, real estate, business interests, or significant debts. We help you understand what you are entitled to and advocate for a fair outcome.

FAQs

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