Saying “I want a divorce” is a big step – one that’s often filled with uncertainty, anxiety, and more questions than answers. If you’ve reached this point, you may be wondering where to turn, what your rights are, or even what comes next. The legal process can feel overwhelming, especially when it intersects with the emotional weight of ending a marriage.
At this stage, having the right information and the right support can make all the difference. That’s where The Law Office of Laura L. McQuesten comes in. Based in Virginia Beach, the firm helps individuals move forward with clarity by offering straightforward guidance tailored to Virginia’s divorce laws and each client’s personal circumstances.
If you’re ready to take action but don’t know where to begin, this guide walks you through the first steps to take after deciding you want a divorce in Virginia – so you can make informed decisions from day one.
1. Understand Virginia’s Divorce Requirements
Virginia offers both no-fault and fault-based divorce options. Most people pursue a no-fault divorce, which allows the process to move forward based on a period of separation rather than proving wrongdoing. The separation periods required are:
- One year if you have minor children.
- Six months if you have no minor children and a written separation agreement.
Fault-based divorces, such as those based on adultery or cruelty, may allow you to file without meeting the separation period – but these cases tend to be more complex and contested.
If you’re unsure which path to take, speaking with a family law attorney early on can help you understand how the grounds for divorce may affect your situation, timeline, and strategy.
2. Get Clarity on Separation
In Virginia, being “separated” doesn’t always mean moving out. You and your spouse can live under the same roof and still be considered separated – if you stop sharing a bedroom, finances, meals, and other aspects of married life. This is often referred to as “in-home separation.”
Proving that you are living separately under one roof can be challenging, especially if your spouse disputes it later. That’s why it’s wise to speak with a family law attorney about how to document the separation properly and avoid complications. At The Law Office of Laura L. McQuesten, we regularly help clients across Virginia Beach, Chesapeake, and Norfolk understand what counts as legal separation and how to avoid mistakes that could delay their case.
3. Protect Your Finances
Divorce almost always has a financial impact, so it’s important to get a clear picture of your situation early on. Start gathering documentation related to:
- Income (pay stubs, tax returns)
- Bank and retirement accounts
- Credit card statements
- Loans, mortgages, and other debts
- Titles to vehicles or property
You may also want to open a separate bank account or establish credit in your own name. Virginia follows equitable distribution laws, which means the court divides marital assets fairly – not necessarily equally. Knowing where you stand financially will allow your attorney to advocate more effectively on your behalf.
4. Avoid Common Mistakes
Emotions can run high during divorce, but acting impulsively can lead to long-term consequences. Before you:
- Move out of the home
- Make major purchases or drain accounts
- Withhold access to children
- Post about your spouse on social media
...it’s best to get legal guidance. Some of these actions may unintentionally weaken your case or reflect poorly on you in court. Attorney Laura L. McQuesten helps clients think strategically during this early phase so they don’t make decisions they later regret.
5. Consider a Separation Agreement
A separation agreement is a legally binding contract that outlines important terms such as child custody, spousal support, and property division. Creating one early in the process can help you avoid court battles and position your case for an uncontested divorce – which tends to be faster, more affordable, and less stressful.
Even if you and your spouse are on relatively cooperative terms, having an attorney draft or review the agreement ensures your rights are protected. Our firm regularly assists clients throughout the Hampton Roads area, including Virginia Beach, Portsmouth, and Suffolk, with negotiating and finalizing separation agreements that stand up in court.
6. Put the Right Support in Place
Divorce isn’t just a legal transition – it’s a major life change. As you begin this process, surround yourself with support systems that help you make steady, informed decisions. That includes:
- Trusted friends or family
- Financial advisors
- Mental health professionals
- And, of course, a knowledgeable Virginia divorce attorney
With the right legal support, you can protect your interests and move forward with clarity and confidence. Whether your divorce is contested or uncontested, amicable or high-conflict, having a skilled advocate by your side can make the entire process more manageable.
Ready to Take the Next Step? We’re Here to Help.
If you’re considering divorce in Virginia Beach or the surrounding areas – Chesapeake, Norfolk, Portsmouth, Suffolk, or other parts of Hampton Roads – you don’t have to go through it alone. At The Law Office of Laura L. McQuesten, we provide thoughtful, compassionate guidance to help you take control of your future.
We understand the uncertainty that comes with the decision to divorce. That’s why we take the time to listen, explain your options clearly, and build a legal strategy that reflects your goals.
Call us today at 757-720-7516 or contact us online to schedule a confidential consultation. Let’s take that first step, together.
Disclaimer: This blog is meant to provide helpful, general information about divorce in Virginia. Because every situation is unique and laws can evolve, it’s important to rely on up-to-date guidance that reflects your personal circumstances.