Virginia Divorce Attorney 

Divorce Issues We Handle

Our firm has helped countless Virginia residents through many different types of divorce and related legal issues. Whether contested or uncontested, our goal is to provide reliable, affordable representation that looks at every aspect of your case, including: 

• Dividing property, assets, and debts
• Revising wills and trusts
• Child custody and visitation rights
• Child protective services matters
• Mediation
• Representation in court and protection of rights
• Military divorce issues
• Protecting and dividing retirement accounts

Attorney Mattson is resourceful and prepared to be a convincing negotiator on your behalf, should your case need to go to court. Our goal, however, is to prevent divorce litigation in order to make the process as smooth and cost-effective as possible. We are committed to protecting your rights as an individual needing a fresh start. We also keep in mind the welfare of any children involved.

Reasons for Filing a Divorce in Virginia

In Virginia, there are many valid reasons for filing divorce. People change, dynamics change, and love can fade. The important thing is that you remain focused on your future and make informed, rational decisions throughout the divorce proceedings. 

No-Fault Divorce (Separation)

Virginia allows a “no-fault” divorce when spouses have lived “separate and apart” without cohabitation (i.e., no sexual relations or marital-type living) for a prescribed period. 

If the couple has no minor children and they have a formal separation (or property-settlement) agreement, the separation period can be six months prior to filing. In other cases (for example, where there are minor children), couples must live separately for at least one year before a no-fault divorce is allowed. 

Fault-Based Divorce 

Alternatively, Virginia law also authorizes divorce based on “fault,” meaning specific misconduct or circumstances by one spouse. Grounds for a fault-based divorce include:

• Adultery or certain prohibited sexual acts outside the marriage
• A felony conviction after the marriage, followed by confinement for more than a year, provided cohabitation does not resume 
• Cruelty, abandonment or willful desertion, though to finalize the divorce under cruelty or desertion, a separation period (often one year) is typically required. 

In practice, many couples pursue the no-fault separation route since it avoids the need to prove misconduct, which can be difficult. That said, fault may still matter for issues like spousal support or division of property, even if the divorce itself is granted on a no-fault basis.

The state of Virginia also allows for a divorce by publication when one party is not present. These cases often settle quickly, but involve residency requirements, a lengthy separation period, and other factors before they can proceed. To learn more about this process, contact our attorney to discuss your specific situation.