Virginia Beach Divorce Attorney

Complex Divorce Representation Connected to the Local Legal Community

Divorce cases in Virginia Beach range from straightforward uncontested filings to hard-fought contested matters involving disputed assets, spousal support, and custody. Bush & Taylor, P.C. handles the full range. With over 70 years of combined legal experience and a practice built on taking on difficult cases that other firms decline, we give Virginia Beach clients the representation their situation requires, not just the easiest path to a filing.

Why Virginia Beach Clients Hire Bush & Taylor, P.C. for Divorce

Founding partner Fred Taylor is a member of the Virginia Beach Bar Association, meaning our firm works with familiarity inside the local legal community and the Virginia Beach Circuit Court, where your divorce case may be filed and decided. That connection matters when you’re navigating a contested matter that may involve discovery, pre-trial motions, or a hearing before a judge.

We don’t limit ourselves to uncomplicated cases. Our team is prepared to litigate when settlement isn’t possible and to advise you honestly about the short- and long-term consequences of every decision along the way. You’re kept informed at each stage so there are fewer surprises.

Grounds for Divorce in Virginia

Virginia recognizes both no-fault and fault-based grounds for divorce, and the distinction has real consequences for your case. Before filing, at least one spouse must have been a Virginia resident for at least six months.

No-Fault Grounds

Virginia offers two paths. If you and your spouse have no minor children and have signed a written property settlement agreement, you may file after a six-month separation. Without those conditions, the required separation period is one year. Virginia has no formal legal separation decree. You satisfy these grounds simply by living apart with the intention that the separation be permanent.

Fault-Based Grounds

Adultery, cruelty, desertion, and felony conviction are recognized fault grounds under Virginia law. Under a recent update to Virginia’s divorce statute, adultery qualifies as a fault ground only when it occurred before the spouses’ final separation. Establishing fault can affect spousal support and property division, so the choice to pursue this path deserves careful consideration with a divorce attorney before you file.

Virginia also distinguishes between two types of final divorce: divorce from bed and board, which separates the parties without fully dissolving the marriage, and divorce from the bond of matrimony, which is a complete dissolution.

Property Division & Spousal Support

Virginia is an equitable distribution state. Marital property is divided fairly based on statutory factors, but “equitable” doesn’t mean equal. Courts weigh each spouse’s contributions to the marriage, how assets were acquired, and other circumstances to reach a result that fits the specific situation.

Spousal support follows a similar framework. The court considers the length of the marriage, each spouse’s earning capacity, the standard of living established during the marriage, and each party’s contributions. If your case takes time to resolve, the court can order temporary support, called pendente lite support, while the divorce is still pending in circuit court.

How a Virginia Beach Divorce Proceeds

Divorce cases in Virginia Beach are filed in the Virginia Beach Circuit Court and decided by a judge, not a jury. Under Virginia’s venue rules, the case is generally filed where the couple last lived together as a married couple or, at the filing spouse’s option, where the other spouse resides in Virginia.

An uncontested divorce moves forward once the applicable separation period is met and, where required, a signed settlement agreement is in place. A contested divorce involves additional steps: written discovery, possible mediation, pre-trial motions, and ultimately a bench trial if the parties can’t reach agreement. How long a case takes depends on the facts, the issues in dispute, and the court’s docket. There’s no fixed timeline we can predict at the outset.

Start Your Virginia Beach Divorce with a Free Consultation

There’s no fee to speak with our team. A consultation can give you a clear picture of your options under Virginia law and what the process looks like for your specific circumstances, whether your case is likely to be straightforward or may require litigation.