Divorce Attorney in Virginia Beach

Types of Divorces We Handle

Several different types of divorce may be considered based on your circumstances. While we mentioned above the differences in the divorce law (i.e., fault or no-fault), there are also differences in the way you and your spouse approach it.

Our divorce attorneys in Virginia Beach handle the following types of divorces, as more:

• Contested divorce – If you and your spouse argue over one or more issues to the point where you cannot come to an agreement and instead take these issues to the judge to determine, you have what is considered a contested divorce. You’ll undergo the process of exchanging information, settlement negotiations, hearings, and a court trial.
• Uncontested divorce – By contrast, if you and your spouse work together to agree on the terms of your divorce and file court papers cooperatively to make the dissolution of marriage official, then you have an uncontested divorce. In this type of case, no formal trial is required, and you probably won’t have to set foot in a courtroom in Norfolk or Chesapeake, VA.
• High-asset divorce – Couples with a lot of accumulated property and wealth are considered “high asset” cases. Some examples of assets to be divided include real estate, stocks, investments, bonuses, business ventures, vehicles, boats, and pensions.
• Military divorce– Members of the armed forces satisfy the residency requirement if they are stationed in Virginia for at least six months. Military members outside the country can meet the residency requirement by showing they lived in Virginia for six months immediately before the foreign assignment started.
• Divorce for men – Proceedings can often favor women over men, especially when children are involved. If you are a dad looking to protect your rights, our law firm can help. Our family lawyers represent divorced men working hard to protect their assets and their fathers' rights.

Taking the steps toward divorce can be very scary, but our law firm wants to help. If you are interested in reading more, please look at our Guide to Getting Divorced E-book.

Every case is unique, with countless variables affecting how long it takes. That being said, a simple, uncontested divorce in Virginia can take 6 to 8 weeks from filing to the time a judge finalizes the decree.

Most divorces take several months – or even years – to be finalized because so many details need to be worked out. This is especially true when issues like custody or division of property are contested because already busy court schedules slow down the timeline. Custody disputes, like your ex-spouse trying to keep your children from you, may also prolong the process.

Several factors can influence how long your divorce might take:

• Level of conflict – Highly contested cases involving frequent disputes over children, support, or property typically take longer to resolve than cases where spouses are willing to negotiate.
• Court scheduling – The docket in the Virginia Beach Circuit Court and nearby courts can impact when hearings and trials are set, which can extend the overall duration of your case.
• Complexity of issues – Cases involving business interests, substantial assets, or relocation requests for children often require more investigation, expert input, and negotiation.
• Willingness to settle – When both parties are open to mediation or settlement conferences, many disputes can be resolved more quickly and with fewer trips to court.

The best way to gauge how long your Virginia divorce could take is to explain your situation to a divorce lawyer in Virginia Beach and get their counsel. Call Daniel J. Miller today at (757) 267-4949 to set up a consultation! We serve clients in Virginia Beach, Chesapeake, and Norfolk, VA.

Beyond the basic timeline, it is helpful to understand what actually happens during those months while you are waiting on the court. In Virginia Beach and the greater Hampton Roads area, your case may involve temporary hearings in the Virginia Beach Circuit Court, discovery to exchange financial information, and negotiations between the parties and their attorneys. A divorce attorney can walk you through which steps are likely in your situation, how court backlogs might affect your schedule, and what you can do during the separation period to avoid unnecessary delays.

Again, no two cases are the same, so the cost of any divorce cannot be predetermined. Contested divorces involve filing, attorney, and court fees that vary depending on the details of the case. Uncontested divorces tend to be much less expensive due to the lack of court fees.

In Virginia, it costs $91 to file for divorce. Additional fees may include a $12 Sheriff fee (to serve the papers to the Respondent) and, for select women, a $21 fee to record their resumed maiden name.

On top of filing fees and court fees, Lawyers.com reports that an average divorce in Virginia costs anywhere from $12,000 - $14,000 for contested cases, but this should not be used as a proper gauge for your divorce. Speak with a Virginia Beach divorce attorney for a more accurate idea of what your divorce could cost. Our lawyers will show you how to reduce the cost of your divorce.

Some of the main factors that can affect the overall cost of your divorce include:

• Contested versus uncontested – Cases that require multiple hearings, motions, or a trial generally cost more than uncontested matters resolved on paper.
• Number of issues in dispute – Disagreements over custody, support, and property division can each add time and expense as your legal team gathers evidence and prepares arguments.
• Use of experts – In high-asset cases, you may need financial professionals, business valuators, or appraisers, which can increase costs but also protect your long-term interests.
• Cooperation between spouses – When both spouses provide documents promptly and participate in settlement discussions in good faith, legal fees are often lower.

There are also practical choices you can make that influence the overall cost of your case, such as how quickly you provide documents, whether you are willing to consider mediation, and how many disputes you ask the judge to resolve. A divorce lawyer can help you understand when it makes sense to compromise, when it is worth litigating an issue in the local courts, and how to prioritize your goals so you do not spend more than you need to for the results that matter most to you.