Divorce

Divorce can be one of life’s most challenging experiences. At SMITH | ASHCRAFT, we are committed to helping our clients navigate the complexities of divorce in Virginia with professionalism, understanding, and a focus on your future. Virginia has unique divorce laws, and our firm is here to guide you through each step, ensuring your rights and interests are fully protected.

FREE GUIDE TO DIVORCE


THE ULTIMATE GUIDE TO DIVORCE AND CUSTODY IN VIRGINIA


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In Virginia, getting a divorce includes addressing a few legal issues. At Smith | Ashcraft, we have over 15 years of combined experience helping people navigate the often overwhelming waters of divorce. The main issues we address in divorce matters include the grounds for divorce, the division of property and debts, spousal support (alimony), child support, child custody and visitation, and attorney’s fees.


Your breakup doesn't have to break you, let us help you on your journey towards a better tomorrow.

Grounds for Divorce

Virginia recognizes both "fault" and "no-fault" grounds for divorce:


  • No-Fault Divorce: In Virginia, a couple may file for a no-fault divorce if they have lived separately and apart for one year. If there are no minor children, this period may be reduced to six months if the spouses have a signed separation agreement.
  • Fault-Based Divorce: Grounds for a fault-based divorce in Virginia include adultery, cruelty, desertion, and felony conviction. These grounds can impact various aspects of the divorce, including alimony and property division.


Our team will carefully review your situation and advise you on the most appropriate grounds for your case.


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Grounds for Divorce

Virginia recognizes both "fault" and "no-fault" grounds for divorce:


  • No-Fault Divorce: In Virginia, a couple may file for a no-fault divorce if they have lived separately and apart for one year. If there are no minor children, this period may be reduced to six months if the spouses have a signed separation agreement.
  • Fault-Based Divorce: Grounds for a fault-based divorce in Virginia include adultery, cruelty, desertion, and felony conviction. These grounds can impact various aspects of the divorce, including alimony and property division.


Our team will carefully review your situation and advise you on the most appropriate grounds for your case.


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We are ready to help you!

Call or text us at 804-773-1751

Key Aspects of Divorce

In addition to the grounds for divorce, there are several critical issues that must be addressed during the divorce process:



  • Property Division: Virginia is an “equitable distribution” state, meaning that marital property will be divided fairly, though not necessarily equally. Our firm works diligently to help you reach a fair agreement regarding assets, debts, and retirement benefits.
  • Spousal Support (Alimony): Whether you are seeking or opposing spousal support, we are here to provide guidance based on the specific factors Virginia courts consider, including the length of the marriage, each spouse’s financial situation, and contributions to the family.
  • Child Custody and Support: If children are involved, custody and child support arrangements are a significant part of the divorce process. We prioritize the best interests of your children and will advocate for a fair parenting plan and support arrangement.


Learn More

Key Aspects of Divorce

In addition to the grounds for divorce, there are several critical issues that must be addressed during the divorce process:



  • Property Division: Virginia is an “equitable distribution” state, meaning that marital property will be divided fairly, though not necessarily equally. Our firm works diligently to help you reach a fair agreement regarding assets, debts, and retirement benefits.
  • Spousal Support (Alimony): Whether you are seeking or opposing spousal support, we are here to provide guidance based on the specific factors Virginia courts consider, including the length of the marriage, each spouse’s financial situation, and contributions to the family.
  • Child Custody and Support: If children are involved, custody and child support arrangements are a significant part of the divorce process. We prioritize the best interests of your children and will advocate for a fair parenting plan and support arrangement.


Learn More

We are ready to help you!

Call or text us at 804-773-1751

Divorce Process in Virginia

The process of filing for divorce in Virginia can be complex and requires careful adherence to legal procedures. This process includes:



  1. Filing the Complaint for Divorce: Initiating the divorce process by filing a formal complaint in the appropriate circuit court.
  2. Serving the Spouse: The other spouse must be served with divorce papers, giving them an opportunity to respond.
  3. Negotiation or Mediation: If possible, we aim to resolve issues through negotiation or mediation, which can save time and reduce stress. If a settlement is not achievable, we are fully prepared to represent you in court.
  4. Finalizing the Divorce: Once all matters are resolved, the court will issue a final divorce decree, legally ending the marriage.


Learn More

Divorce Process in Virginia

The process of filing for divorce in Virginia can be complex and requires careful adherence to legal procedures. This process includes:



  1. Filing the Complaint for Divorce: Initiating the divorce process by filing a formal complaint in the appropriate circuit court.
  2. Serving the Spouse: The other spouse must be served with divorce papers, giving them an opportunity to respond.
  3. Negotiation or Mediation: If possible, we aim to resolve issues through negotiation or mediation, which can save time and reduce stress. If a settlement is not achievable, we are fully prepared to represent you in court.
  4. Finalizing the Divorce: Once all matters are resolved, the court will issue a final divorce decree, legally ending the marriage.


Learn More

FREE GUIDE TO DIVORCE


THE ULTIMATE GUIDE TO DIVORCE AND CUSTODY IN VIRGINIA


GET YOUR FREE GUIDE NOW >

Everything You Need to Understand to

Better Navigate Your Divorce


At SMITH | ASHCRAFT we are here to get you through this chapter of your life. 

Your future starts NOW!

Grounds for Divorce

In Virginia, grounds for divorce or separation can be categorized into two main types: fault and no-fault grounds. 


Learn more about grounds for divorce and what it entails as you start your divorce journey.

Separation

In Virginia, there is no “legal separation” like other states have. When we talk about separation, we are talking about when one spouse intended to no longer be married. Learn more about the important points you should consider in a seperation.

Property Division

One of the most complicated issues in divorce is the division of property. This includes the division of debt as well. Lawyers and judges call this equitable distribution. This means that property and debts are not necessarily divided equally. Rather, it will be done “equitably.”  Learn more about how your property and assets may be divided in a divorce.

Spousal Support

Because divorce creates two households, each with its own set of expenses, there is often a need for one spouse to receive spousal support, sometimes called alimony. The primary reason for a court to award spousal support is to help ensure that both parties continue to live a similar standard of living to the standard they enjoyed during the marriage.  Learn more about the factors that contribute to determining spousal support and how this may impact your case.

Military Divorce

First of all, thank you to our military servicemembers and their families for the many sacrifices your service includes. 


Military service comes with additional, special considerations in a divorce matter. There are federal statutes and rules that take priority over the normal state laws governing divorce. 


Learn more about the special considerations taken when it comes to a military divorce.

Name Change

An adult may legally change his or her name in Virginia. This can be done as part of a divorce or in a separate filing. 


Learn more about name changes and how we can help you in this process.

Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements directly impact your rights and obligations in the event of a divorce.  Learn more about the complexity of these agreements and how they impact your case.

Why choose us?

Navigating a divorce requires not only a deep understanding of the law but also a commitment to supporting you through this major life change. At SMITH | ASHCRAFT, we pride ourselves on offering experienced, compassionate representation tailored to your unique needs. Let us help you move forward with confidence.

Your fresh start, starts now!

Don't let your breakup break you, we are ready to get to work.

Your fresh start, starts now!

Don't let your breakup break you, we are ready to get to work.

Why choose us?

Navigating a divorce requires not only a deep understanding of the law but also a commitment to supporting you through this major life change. At SMITH | ASHCRAFT, we pride ourselves on offering experienced, compassionate representation tailored to your unique needs. Let us help you move forward with confidence.

Our Focus

Strategic Litigation

At SMITH | ASHCRAFT, we believe that every case deserves a tailored approach designed to achieve the best possible outcome. Our commitment to strategic litigation means we carefully assess each client's unique needs, set clear goals, and craft a precise, powerful legal strategy. From in-depth case analysis to rigorous advocacy, we employ our expertise and insights to navigate complexities, anticipate challenges, and pursue success at every step. Let us be the decisive advantage in your corner.

Aggressive Defense

At SMITH | ASHCRAFT, we don’t just defend—we fight. Our aggressive defense approach means we leave no stone unturned in challenging every aspect of the case against you. From thorough investigation to forceful courtroom advocacy, we take a proactive stance to protect your rights and secure the best possible outcome. When the stakes are high, you need a team that’s prepared to push back. Trust us to stand by you with a fierce commitment to your defense.

Thoughtful Planning

At SMITH | ASHCRAFT, we understand that successful legal outcomes start with careful planning. Our approach is rooted in thoughtfulness, ensuring that every step of your case is meticulously analyzed to anticipate challenges and seize opportunities. Whether you’re navigating complex family matters, preparing for the future, or seeking resolution in sensitive disputes, our commitment to thoughtful, strategic planning gives you the confidence of a clear path forward. Let us help you make informed decisions today for a stronger tomorrow.

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Have a question about your situation?



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Your legal journey starts with a conversation.

At SMITH | ASHCRAFT, we’re here to listen, understand your concerns, and help you navigate the next steps with confidence.  Schedule a consultation today and take the first step toward a clear path forward.

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What Our Clients Have To Say

I had an excellent experience with Jacob Smith and his paralegal Christy Adams. They both were extremely knowledgeable, helpful, and very friendly too. They took the anxiety out of getting divorced and got it done for me very quickly and effectively. I am so glad that I found them!


Nancy H.

Very family oriented and you feel safe that you're being treated well and taken care of. I could not have done this without Drew.




Shelby H.

Jacob E. Smith is a careful, experienced lawyer. He is my go-to person when I have questions related to family law, divorce, and/or custody. I trust Jacob E. Smith




Nathan B.

Drew A. has been right by my side during this difficult time. Upfront, honest & consoling me thru this unexpected life change. I have no doubts that he will argue for what I deserve.



Karen A.

There's no where in Virginia that we don’t know

At SMITH | ASHCRAFT, we are proud to offer comprehensive legal services throughout Virginia. Whether you’re in Richmond, Northern Virginia, the far reaches of Roanoke, or any other part of the state, our experienced team is here to provide experienced representation tailored to your unique needs. No matter where you are in Virginia, we’re committed to delivering the same high level of service and dedication to each client, ensuring your case receives the attention it deserves.



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1231 Alverser Drive

Midlothian, VA 23113

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