Divorce
Divorce is Complicated– You Don't Have to Face it Alone.
Divorce is one of life’s most challenging transitions. Emotions run high, assets need to be divided, and tough decisions must be made about children, finances, and your future. The process can feel overwhelming, especially if you don’t know where to start or how to protect your rights. At Waltrip & Campbell, PC, we guide you through every step—ensuring you have the legal support you need to move forward with confidence.
The Risks of Facing Divorce Alone:
- Unfair division of assets, property, and debts
- Child custody and support arrangements that don’t reflect your best interests
- Spousal support obligations that may not be equitable
- Emotional stress and legal confusion without a clear strategy
How We Help You Navigate Divorce:
We use a proven 3-step legal analysis to build strong injury claims:
1. Protect Your Rights & Interests – We ensure fair property division, custody arrangements, and financial settlements that set you up for success.
2. Navigate Complex Legal Issues – From contested divorces to high-asset separations, we tailor a legal strategy to your unique situation.
3. Advocate for Your Family & Future – Whether negotiating settlements or representing you in court, we fight for the best possible outcome.
Cases We Handle:
- Adultery, Abandonment, Cruelty,
- Habitual Drunkeness
- Uncontested & No Fault Divorce
- Spousal Support, Military Divorce
- Equitable Distribution involving Business
- Qualified Domestic Relations Orders
Virginia Divorce Lawyer FAQ
How is property divided in a Virginia divorce?
Virginia follows equitable distribution, meaning the court fairly divides marital assets and debts—but not necessarily 50/50. Factors like income, contributions to the marriage, and fault-based issues may impact property division.
Do I have to go to court to get a divorce?
Not always. If both spouses agree on all terms, a divorce can be finalized without a court appearance. However, if there are disputes over child custody, support, or assets, court intervention may be necessary.
How is spousal support determined in Virginia?
- Each spouse’s income and financial resources
- The length of the marriage
- Contributions (financial and non-financial) to the household
- The standard of living during the marriage
- Any fault-based factors (e.g., adultery may impact spousal support eligibility)
How does a military divorce differ from a civilian divorce?
Military divorces follow Virginia state laws, but federal laws also apply, especially regarding division of military pensions, benefits, and residency requirements. Additionally, the Servicemembers Civil Relief Act (SCRA) can delay divorce proceedings if one spouse is deployed.
What are the grounds for divorce in Virginia?
Virginia allows for both fault-based and no-fault divorces. Fault-based grounds include adultery, cruelty, desertion, and felony conviction. A no-fault divorce requires at least one year of separation (or six months if there are no minor children and a signed separation agreement).
Can I do mediation for my divorce?
Yes. Parties can engage in mediation to resolve disputes related to their divorce. While most people believe mediation requires a neutral mediator, many parties regularly engage in mediation between their attorneys whether through a formal or informal process. This can include meeting in person to discuss terms and negotiate the resolution of the divorce, or as is common, the attorneys will exchange written terms over a restricted period of time until resolution is accomplished.
Mediation may take place in person, via video conferencing, or over a number of days as attorneys negotiate back and forth between the parties.
Traditional mediation involves the use of a neutral to assist the parties in discussing and exchanging proposals, as well as offering insight into how courts may resolve different disputes.
There are firms that offer mediation for both parties simultaneously. We often caution clients from using such services as the line between mediator and representative can become blurred. It’s often best that each party have their own counsel to represent their interest to the mediator as conflicts of interest can quickly develop which leave the mediator unable to independently advise the parties.
What is an "at fault" divorce?
An “at fault” or “fault based” divorce is one in which one party files alleging the other party’s conduct led to the breakdown of the marriage. By statute there are only certain types of conduct which can give rise to an “at fault” divorce. These are found in Virginia Code 20-91 and include situations such as adultery, abandonment, constructive desertion, or even conviction of a felony and incarceration. You should speak with an attorney licensed in the commonwealth of Virginia to determine whether your spouse has committed conduct that gives rise to an “at fault” divorce.
Evidence to support an “at fault” divorce must be clear and convincing.
If proven, the conduct giving rise to an “at fault” divorce can impact property divisions, spousal support, attorney’s fees and costs of the filing of a divorce.
What is a "no fault" divorce?
In the Commonwealth of Virginia, a “no fault divorce” refers to a divorce based upon the parties living separate and apart for either six months, or a year (depending on whether they have minor children), and having entered into an agreement resolving all issues in their case.
Parties can be divorced without resolving the division of their assets, but this will typically be reserved for later determination of the court.
Procedurally, even in a “fault based” or “contested divorce”, the courts must divorce the parties prior to ruling on the division of their assets and spousal support. From a practical perspective this may occur the same day or over a series of days during the divorce trial.
Are divorce decrees public record?
Yes. Divorce decrees are public records. However, Virginia Code 20-124 allows the records of the divorce to be sequestered or sealed from public record. In most divorce trials the Court will seal, by motion of the parties, or sua sponte, documents with personal and confidential information. These include bank records, tax returns, and the like.
Where can I get the paperwork from my divorce?
If you are looking for paperwork from a divorce, such as your Final Decree of Divorce, you should go to the Circuit Court Clerk in the County or City wherein you were divorce.
Alternatively, you can reach out to your prior attorney if you used one in your divorce. Today, most attorneys store documents digitally to be easily accessible; however, the Virginia State Bar also requires attorneys to maintain records for five years after the end of the fiduciary relationship.
What is an uncontested divorce?
An “uncontested divorce” refers generally to parties who have agreed on issues such as the division of their assets, spousal support, attorney’s fees, custody and visitation issues and child support. The agreed terms are reduced to writing in what is called a Property Settlement Agreement, or Stipulated Agreement. This can then be filed with the Court along with other paperwork to have parties divorced without going to Court.
While not every divorce begins as “uncontested”, and there maybe issues to resolve or negotiate, the vast majority of divorces end as “uncontested” once the parties reach an agreement.
It is possible to enter into a partial agreement resolving some issues and leave the remaining issues for the Court to decide. Depending on the issues that are agreed upon, the parties could be divorced and then go to court to resolve the remaining issues.
Should I see a counselor while going through a divorce?
Yes. We recommend most of our clients speak with a professional counselor or therapist while engaged in the divorce process, even when a divorce is amicable. Most studies indicate that a divorce is one of the most stressful and anxiety invoking processes in life. To deal with the unexpected and unknown future, it helps to speak with a professional. These individuals can also work with your attorney in explaining or working through issues related to the divorce.
While many people are worried that matters they discuss with a counselor will be brought into court, these types of discussions are protected from disclosure except under very narrow circumstances.
How to choose the right divorce lawyer?
While there are many types of lawyers, and things such as background, training, specialty and location all play a role in a clients selection of an attorney, we recommend clients select attorneys based on the following criteria:
- Are they a divorce attorney? Many attorneys practice in more than one area; however, as some divorces can have complex and long-term financial implications, it’s important to select an attorney who primarily practices family/divorce law.
- Do they practice in the locality where you will be divorced? While less important for “uncontested divorces”, if you anticipate that the Court will become involved in your divorce, its important to find an attorney who regularly practices in the jurisdiction where you will be divorced. This is important because divorces can be impacted by local rules which vary between jurisdictions. Its also important as a local lawyer will often have a better understanding of how the local court will rule on specific issues where the Court has discretion.
- Do they regularly try divorce cases? The truth is many lawyers never go to court and their advice is limited because of this. While being a trial lawyer is not required to understand divorce law, many outcomes in divorce case are dependent on knowing how particular judges rule on particular issues. Having a lawyer who is experienced in trying cases ensures you are properly represented when you go to court. The lawyer should have the experience and training to handle evidentiary issues, motions, objections, and other aspects of trial that are important in ensuring the best possible outcome.
Do trial lawyers practice mediation?
Yes. Part of being a trial lawyer is negotiating a settlement or resolution of issues and going before the Court when matters cannot be resolved between the parties. As indicated above, we often encourage clients to hire an experienced trial lawyer to represent them as they will be most knowledgeable about the nuances of the law as it occurs in court.
Unlike other countries, in the US, there is no difference between a lawyer who goes to court and mediates disputes as far as education or licensing.
Can I change my name in the divorce?
Yes. It is very easy to change your name at the conclusion of a divorce matter. It is often suggested that you do so, rather than wait as there is no additional filing fees if a name change is requested during the divorce. If you wait to change your name, you will also have to undergo a background check and pay additional fees.
Success Stories
I highly recommend STEPHEN CAMPBELL.
We were up against very tough circumstances, and he hit a Homerun! I honestly don’t think that many attorneys would have been able to execute so masterfully. Anyone would be in very good hands with STEPHEN CAMPBELL.
★★★★★
– Jonathon D.
I have worked with Brandon I wish I could give Mr. Campbell more stars. I had a very stressful civil suite case that he represented me on. You never know what is going to happen in a court room but Mr. Campbell was prepared for any scenario. He was easy to get in contact with and patient with me to make sure all my questions were answered.
★★★★★
– Kathleen N.
