Description: Family law issues can sometimes seem daunting and insurmountable. A divorce sends shockwaves through the core of a person's life: in addition to undergoing the loss of a romantic partner (which by itself is a major life event even if it was your choice to leave), you may be worried about what the future holds for your children, your friendships, your home, or your livelihood. In such situations, it's easy to get lost in the minutiae. At Mattingly Family Law, we help our clients focus on the big picture and
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In Virginia, a divorce can be based on "fault" grounds (such as adultery, cruelty, or desertion) or "no fault" grounds, i.e., a period of separation. If you have no minor children AND a fully executed marital settlement agreement, you can file a complaint for divorce after just 6 months of being separated. Otherwise, you will need to wait a year before you can file for a divorce based on a period of separation. Certain fault grounds of divorce permit you to file your complaint before any period of separatio
We are often asked about the notion being separated while still living under the same roof. This can be a tricky situation, and it is by no means guaranteed that a judge will agree that you have been separated while still residing together. If a court declines to recognize that you are separated under the same roof, changes will need to be made in your living arrangement, and it is likely that one of the parties will need to move out to initiate the statutory waiting period.