Don't Rush In On Your Way to Rushing Out

Divorce is a complex and often emotional process, and in Virginia, there are specific laws and considerations that can impact your case. Whether you’re just starting to consider divorce or are ready to begin the process, knowing the right steps to take can help protect your interests and set you up for a smoother experience. Here are our top 10 steps to consider when divorce is looming.

1. Understand Virginia’s Divorce Grounds

Virginia offers both "no-fault" and "fault-based" grounds for divorce, and each comes with specific requirements:

• No-Fault Divorce: Couples can pursue a no-fault divorce if they have lived apart for one year. This period can be reduced to six months if there are no minor children, and you have a signed separation agreement.
• Fault-Based Divorce: Grounds such as adultery, cruelty, desertion, or a felony conviction can be cited for a fault-based divorce. Fault grounds may influence decisions on spousal support and property division, so it’s important to consult an attorney to understand how these might impact your case.

2. Organize Your Financial Documents

Divorce typically requires a thorough review of each spouse’s finances. Start by gathering key financial documents, including:

• Tax returns for the past several years
• Bank and credit card statements
• Loan and mortgage information
• Records of assets like retirement accounts, investments, and real estate

Having these documents organized in advance can help streamline the process, save time, and improve your attorney’s ability to advocate for a fair settlement.

3. Be Mindful of Social Media

Anything you post on social media could potentially be used in your divorce case. Posts about vacations, significant purchases, or anything that could be construed as reckless or inappropriate behavior can work against you, especially in a contentious divorce. It’s best to be cautious or even take a break from social media during the divorce process.

4. Consider Living Arrangements Carefully

In Virginia, cohabitation with your spouse may complicate a no-fault divorce, as living separately is often a requirement. If you decide to move out, consider any impact this could have on child custody, access to marital property, and financial support. If you have children, you should also think carefully about how living arrangements will affect them and your custody case.

5. Create a Separation Agreement

A separation agreement is a legal document that outlines how you and your spouse intend to handle important issues such as property division, spousal support, child custody, and child support during your separation. This agreement can simplify the divorce process by setting clear terms that both parties have agreed upon. It can also reduce the chances of disagreements arising later in the divorce process.

6. Focus on What’s Best for the Children

If children are involved, their well-being is a top priority. Virginia courts consider the "best interests of the child" in custody and visitation matters, looking at factors such as the child’s relationship with each parent, the parents’ living arrangements, and each parent’s role in the child’s life. Try to maintain a respectful relationship with your spouse when discussing parenting matters and avoid putting children in the middle of any conflicts.

7. Prepare for the Property Division Process

Virginia follows "equitable distribution" principles, which means marital property is divided fairly based on factors such as the length of the marriage, each spouse’s contributions, and each party’s financial and non-financial contributions to the marriage. However, “fair” doesn’t always mean equal. Working with an attorney can help ensure that you receive a fair distribution of assets, including retirement accounts, real estate, and investments.

8. Don’t Rush Spousal Support Decisions

Spousal support, also known as alimony, can be a critical aspect of a divorce, especially if there is a significant disparity in incomes. Virginia courts consider factors like the marriage’s duration, each spouse’s financial needs and resources, and contributions to the household when determining support. Don’t rush decisions regarding spousal support—understanding your options can lead to more sustainable outcomes for both parties.

9. Establish a Support System

Consider the emotional readiness and support systems you have in place.  Divorce comes with a host of emotions and having a support system to both support your emotional and physical well-being, as well as that of your children will help you stay focused on your goals throughout the divorce process.

9. Seek Guidance from an Experienced Virginia Divorce Attorney

The most important step you can take when preparing for a divorce is to consult with a knowledgeable attorney who understands Virginia’s divorce laws. An experienced attorney can help you navigate the process, advocate for your best interests, and provide guidance on every aspect of your case. Trying to handle a divorce alone can lead to costly mistakes that may affect your financial and personal well-being.

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 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. 



Divorce in Virginia can be a challenging process, but having a clear understanding of the legal landscape can help make it more manageable. By following these tips, you can protect your rights, prioritize your well-being, and work toward a resolution that respects your future. Remember, every divorce is unique, and consulting a skilled attorney is essential to making informed decisions and ensuring a fair outcome.