When couples marry, few of them consider the possibility of eventual divorce. However, that’s just where many of them end up. If you’re facing the dissolution of your marriage, it’s time to start looking for a Manassas divorce lawyer who can pursue your desired outcome.
Whether you’re anticipating a straightforward, uncontested divorce or expect your spouse to make the process as difficult as possible, the first step you should take is the same. You should seek out a Manassas divorce attorney. The team at Taylor Huguley Powers PLLC has years of experience in assisting clients through difficult divorces. We can help you, too.
While it’s true that you don’t technically need an attorney to file for divorce, it’s always a good idea to hire a divorce lawyer as early in the process as possible. In Manassas, divorces can be incredibly stressful, and little is more beneficial in times of extreme stress than a lawyer who fully understands divorce laws and has experience in representing clients in complex divorce cases. Working with a family law attorney can protect your interests, even if the divorce turns ugly.
In Virginia, 6.6 out of every 1,000 women got a divorce in 2024. An even higher 7.6 out of every 1,000 men dissolved their marriages in the same year. The reasons for getting divorced are incredibly diverse. Some couples pursue no-fault divorces, while others initiate the divorce process on the grounds of infidelity or spousal abuse. Research even shows that witnessing a parental divorce in childhood makes you 69% more likely to get divorced yourself.
The divorce process works largely the same, no matter what prompted the couple to dissolve their marriage.
In Virginia, one or both spouses must have lived here for at least six months before initiating the divorce proceedings. Virginia also imposes a waiting period for no-fault divorces. You’ll need to live apart for at least six months if you have no minor children and have signed a separation agreement. You must wait at least one year if you have minor children or are not legally separated.
If you are planning a divorce on the grounds of cruelty or desertion, you don’t need to follow a separation period before initiating the divorce. However, you will need to adhere to a one-year separation to finalize the divorce.
Once you’ve confirmed that you meet the requirements for filing for divorce in Virginia, you must file a Complaint with the Prince William County Circuit Court’s Clerk’s Office. You are also required to provide legal notice to your spouse by serving them with copies of both the Complaint and the Summons.
Your spouse will have 21 days to respond to your filing of paperwork. They will file an Answer if they plan to contest any part of the Complaint or a Waiver of Notice if they do not plan to contest the Complaint.
The next step varies, depending on whether your divorce is contested or uncontested. In an uncontested divorce, you might file a deposition or affidavit showing that you agree with the facts of the case, or you might attend a hearing. For a contested divorce, you’ll have to go to court so the judge can rule on the case.
Once you and your spouse agree on all the details of the divorce, from child custody agreements to spousal support, the judge can issue a Final Decree of Divorce.
There are two ways to go about getting a divorce in Manassas. An uncontested divorce is the easier, more affordable option. In these types of divorces, both spouses agree on all the important aspects of the divorce, including how property is divided, who gets custody of the children, and whether there will be child support or alimony payments. You can resolve any issues that arise during negotiations with the help of a lawyer or mediator.
During a contested divorce, the two parties cannot come to an agreement about one or more of the essential elements of the divorce. In this situation, the spouses will have to go to court, where a judge will rule on how property will be divided, who will have custody of any minor children, and whether spousal support or child support payments will be mandated. Contested divorces tend to drag on and can be very expensive compared to uncontested ones.
Whether it’s done by negotiation, as is the case in uncontested divorces, or through court orders during a contested divorce, the spouses will eventually come to an agreement about how property gets divided, who gets custody of any children, and whether support payments will be mandated.
Virginia is an equitable distribution state, meaning that property gets divided according to what the court deems fair instead of enforcing a 50/50 split. When determining child custody, the court considers only what is in the best interests of the child.
Child support payments are calculated based on a formula. Spousal support is determined based on factors such as each spouse’s ability to provide for their financial needs, along with what their monetary and non-monetary contributions were to the marriage.
Virginia allows couples who agree to dissolve their marriages to get a no-fault divorce. However, if only one spouse wants a divorce, they may still get one if they have the legal grounds for requesting a divorce. These include:
In cases of cruelty, fear of bodily harm, and desertion, the court cannot grant a divorce decree for one year following the date of the act.
In some cases, defenses against a divorce filing may apply. For adultery, a spouse can make the defense that the act happened more than five years before the filing of the Complaint or that the parties knowingly continued cohabitating after the act.
Unlike most other states, Virginia has two types of divorce instead of offering the alternative of legal separation. The state allows for an action called a divorce from bed and board. This is different from a traditional divorce from matrimony in that it does not allow either party to remarry.
To seek a divorce from bed and board, one spouse must make a fault-based claim of desertion, cruelty, or apprehension of bodily harm. That party can then seek court orders to legally separate the spouse’s assets and debts from the marriage, address child custody, and provide child or spousal support. However, the marriage itself will remain in place, usually for healthcare reasons or other benefits.
In nearly all cases, divorce from bed and board leads to divorce from matrimony later.
How much a divorce lawyer costs in Virginia depends on factors such as:
You should expect to pay a retainer fee upfront and cover any additional fees imposed by the court.
If you’re ready to move forward with your divorce, you need a Manassas divorce lawyer who can represent your interests. The team at Taylor Huguley Powers PLLC can assist you with every aspect of your divorce, from filing basic paperwork to negotiating difficult divorce agreements. Contact us to schedule an initial consultation.
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