Divorce/Dissolution of Marriage
Divorce in America follows the laws of the state where it takes place, with each state setting its own rules. Divorce, also called the “dissolution of marriage,” ends a marriage legally, restoring both spouses to single status and allowing them to remarry. Our divorce lawyers in Virginia Beach guide clients through this process, helping resolve issues such as spousal support, child custody, child support, property distribution, and debt division.
Previously, spouses needed to prove fault—such as adultery, abandonment, or imprisonment—to obtain a divorce. Today, every state permits no-fault divorces, often based on “irreconcilable differences.” Some states still consider the parties’ behavior when dividing property, setting custody arrangements, or determining support.
In Virginia Beach, legal separation can be straightforward and may not require formal paperwork. Courts in the Hampton Roads area recognize a legal separation when spouses live apart, including sleeping in separate spaces, with the intent to make the separation permanent. Consulting an experienced divorce lawyer in Virginia Beach ensures your rights remain protected throughout the process.
Property Settlement
Courts divide property after a divorce under two main systems: community property or equitable distribution. In community property states, spouses equally own all money earned by either of them from the beginning of the marriage until separation. Courts also treat property acquired during marriage with community funds as equally owned. Each spouse keeps his or her individually owned property, such as premarital assets.
Equitable Distribution
Courts divide assets and earnings accumulated during the marriage fairly but not necessarily equally. They consider factors such as each spouse’s contribution to the property, the market and emotional value of assets, tax and economic consequences, and the parties’ needs. Courts also consider alimony, child support, and other property in the division.
Court Determination
A court usually determines the terms of a divorce but considers prenuptial or postnuptial agreements. Couples can privately agree on divorce terms, and the court approves the final agreement. Couples often reach agreements through mediation or alternative dispute resolution. If spouses agree on terms before filing, they can pursue an uncontested divorce, which tends to be faster, more amicable, and less expensive than contested cases.
Regarding Children
States have a strong interest in ensuring children receive proper care and stability. Parents must file a parenting plan or decide on custody and visitation, either through agreement or court hearing, when they separate or divorce.
State Governance
Divorce law governs the legal proceedings that terminate a marriage. A spouse files a petition or complaint for divorce in the state where they meet residency requirements. Once final, the parties can remarry. Grounds for divorce vary by state; some require fault, but most allow no-fault divorce. Courts handle all divorce filings, and the process usually takes several months, allowing for potential reconciliation.
Fault Divorce
In a fault divorce, one spouse proves the other caused the marriage to fail due to misconduct, such as abuse, abandonment, inability to engage in sexual intercourse, insanity, or imprisonment. States sometimes reduce the waiting period for fault divorces, and the spouse who proves fault may receive a larger share of property or alimony.
No Fault Divorce
In a no-fault divorce, neither spouse must prove misconduct. One spouse cites a state-recognized reason, such as incompatibility, irreconcilable differences, or an irretrievably broken marriage. Some states require couples to live apart for several months before finalizing a no-fault divorce. No-fault divorces remain the most common type of divorce.
Uncontested Divorce
In an uncontested divorce, a spouse does not contest the case and both parties agree on terms. Uncontested divorces are typically more amicable, economical, and quicker than contested divorces.
Other Issues
The possible issues needed to be addressed in divorces include: division of property and payment of debts, child custody and support, maintenance (spousal support), child visitation and attorney’s fees.
For purposes of distributing assets after a divorce, courts divide property under one of two basic schemes: community property or equitable distribution. In community property states both the husband and wife equally own all money earned by either one of them from the beginning of the marriage until the date of separation. In addition, all property acquired during the marriage with community money is deemed to be owned equally by both the wife and husband, regardless of who purchased it. Community property is generally divided equally between the spouses, while each spouse keeps his or her separate property. With equitable distribution, assets and earnings accumulated during marriage are divided fairly, but not necessarily equally.
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