Divorce Lawyer for Stafford County, Virginia

The short answer

A Virginia divorce requires that one spouse has lived in Virginia for six months, and that the spouses have lived apart for one year, or for six months if they have a signed separation agreement and no minor children. A Stafford County divorce is filed in the circuit court where the spouses last lived together or, at the filing spouse's option, where the other spouse lives.

What Virginia requires before a divorce

Two requirements come first. At least one spouse must have been a bona fide Virginia resident for six months before the case is filed (Va. Code § 20-97). And the spouses must meet a separation period, unless the divorce rests on a fault ground (Va. Code § 20-91).

• One year apart without cohabitation is the usual no-fault rule.
• Six months apart applies when the spouses have a signed separation agreement and no minor children, whether born to the couple or adopted.

Virginia also recognizes fault grounds, which are listed in the divorce statute. Whether a fault ground is worth pursuing depends on the facts and is worth discussing with an attorney before filing.

Uncontested divorce in Stafford County

A divorce is uncontested when the spouses agree on every issue: how property and debts are divided, whether any support is paid, and, if there are children, custody, visitation, and child support. Those agreements are usually written into a separation agreement. When the issues are settled and the separation period has run, the case may be resolved without a contested trial.

An uncontested divorce still needs the right paperwork, the right court, and an agreement that holds up years later. Terms that look fair at signing can create problems when incomes change or a child's needs shift.

Contested divorce in Stafford County

A divorce is contested when spouses cannot agree on one or more issues. A Virginia circuit court can decide:

• Property and debt division, under the state's equitable distribution law.
• Spousal support, when it is requested and supported by the facts.
• Custody, visitation, and child support for the couple's children, as part of the divorce.

Equitable does not always mean equal. Contested cases turn on documents, such as account statements, deeds, and tax returns, so gathering records early helps. See property division and spousal support.

How a Stafford County divorce moves forward

1. Confirm residency and the separation date. The date the spouses began living apart matters, so keep a record of it.
2. Decide uncontested or contested. If agreement is possible, put it in writing before filing.
3. File in the proper circuit court. Divorces are filed in circuit court, in the county or city where the spouses last lived together or, at the filing spouse's option, where the other spouse lives. In Stafford, that is the Stafford County Circuit Court at 1300 Courthouse Road, Stafford, VA 22554.
4. Notify the other spouse through the court's service process.
5. Resolve property, support, and parenting issues by agreement or by the court.
6. Finish with a final decree from the court.

For clerk phone numbers, hours, and how the Stafford courts divide family cases, see the Stafford County family law page.

Divorce with children or a service member in the household

Custody and support decisions follow the child's best interests, and children's issues can be decided in the divorce or in the Juvenile and Domestic Relations court. See child custody in Stafford County. When a spouse is in the military, residency, retirement, and deployment questions apply. See military divorce.