Divorce

Fredericksburg Divorce Lawyer

Aggressive & Professional Representation in Virginia

If you find yourself facing the possibility of divorce, you do not have to do it all by yourself. With the stress and emotional strain that is already on your family, why add another burden onto your shoulders?

Instead, reach out to the skilled Fredericksburg divorce attorney at A. Lewis Lowery, Jr., Attorney at Law, PLC. We can help you with all your divorce needs. Our divorce attorney in Fredericksburg is skilled and knowledgeable in several key areas and can help you determine the right approach to your situation.

Call (540) 999-1886 to set up a consultation with A. Lewis Lowery, Jr., Attorney at Law, PLC today.

Filing for Divorce in Virginia

Everyone enters a marriage with the intention of making it last. However, people change – as do their desires in life. In Virginia, a divorce can be granted at the request of one or both parties and can be pursued in one of two ways: on fault grounds or without fault grounds.

While the majority of divorces are granted on no-fault grounds, there are several reasons to seek a fault-based divorce. Proving grounds for divorce such as desertion, cruelty, or adultery may enable you to expedite your divorce filing or favorably impact spousal support and property division agreements.

Drafting Sound Agreements during a Divorce

At some point in the divorce process, most couples negotiate the terms of various issues surrounding the dissolution of their marriage through a marital separation agreement, more commonly referred to as a property settlement agreement, or PSA. With the help of our divorce lawyer in Fredericksburg, you can ensure that you cover all the necessities in these agreements.

Some of the issues that may be included in your agreement are:

  • Equitable distribution of assets or property division: Under Virginia law, marital property is not automatically split down the middle. The principle of equitable distribution applies.
  • Child custody and visitation: The care and custody of your child are perhaps your most important concerns. While some parents can agree on matters of custody and visitation, some cannot. In these cases, the courts decide custody issues.
  • Child support: If one parent maintains primary custody, the other parent may be ordered to financially support the child through a monthly payment known as child support.
  • Spousal support: Also known as alimony, spousal support is a form of financial support for spouses who need help regaining financial independence after a divorce.

Divorce FAQs in Virginia

Does Virginia have a residency requirement for divorce in the state?

Yes, Virginia requires that at least one of the spouses is a state resident for at least 6 months before filing for divorce in the state. Virginia won’t have jurisdiction over the divorce case unless the residency requirement is met.

Does Virginia have a waiting period before a divorce can be finalized?

There’s a built-in waiting period for a no-fault divorce since a couple must satisfy a 1-year separation requirement. For divorces based on adultery, there is no required waiting period.

What is the difference between litigation and mediation during a divorce?

Litigation is when the divorce case is handled in court and a judge decides the final outcome. This can be a lengthy and complicated process as there are often disagreements between the spouses in a litigated divorce.

Divorce mediation is when the spouses can work together with their own attorneys and a neutral 3rd party mediator who will help them settle the divorce outside of the court. This only works if the couple is willing to cooperate with each other, but is can be a much smoother and less painful process.

Is Virginia a 50/50 Divorce State?

No, Virginia is not a 50/50 divorce state. Virginia is an equitable distribution state, meaning the court will equitably divide marital property to both spouses, considering all relevant factors. This may or may not result in a 50/50 split.

Some of the factors that the court may consider when dividing marital property include: 

  • The length of the marriage 
  • The income of each spouse 
  • The assets and debts of each spouse 
  • The needs of any minor children 
  • The contributions of each spouse to the marriage, including financial assistance, household contributions, and childcare contributions

If you are going through a divorce in Virginia, speaking with our family lawyer to discuss your situation is crucial. 

Our divorce lawyer in Fredericksburg can help you understand your legal rights and options and represent you in a Virginia court if necessary.

Speak with Our Fredericksburg Divorce Attorney Today

Attorney Lowery, Jr. is excellent at negotiating and drafting marital separation agreements for clients, and our firm is skilled at reviewing agreements drafted by your spouse’s attorney and suggesting necessary changes prior to signing. We are determined to secure positive outcomes for all and are committed to guiding clients and their families through the stressful process of divorce with compassion and integrity.

Hire a divorce lawyer in Fredericksburg with in-depth knowledge. Contact us online or call (540) 999-1886!

Dedicated to Personalized Client Service

    “I always felt reassured.”
    Lewis was a light in a very dark place. I would recommend Lewis to my family or my best friend. The legal process is scary and intimidating but through Lewis' expertise and people skills, I always felt reassured. I always knew he was in my corner an that's irreplaceable.
    - Daniel
    “Lewis is very well-versed in court-related processes. His knowledge and responsiveness were invaluable to both of us.”
    Lewis has done a superb job in representing both me and my son on separate occasions after traffic accidents. Lewis is very well-versed in court-related processes. His knowledge and responsiveness were invaluable to both of us. I have referred others to Lewis with confidence, and those I have referred have also been extremely satisfied with his service.
    - Former Client
    “I will be highly recommending Mr. Lowery to anyone in need of an attorney for family matters.”
    I have been thoroughly impressed . . . Being my first time ever needing and using an attorney, I was very nervous because I have heard many horror stories working with attorneys that don't respond promptly or don't truly work for their client's best interest (basically just taking their clients’ money), and I am relieved that my experience with Mr. Lowery was not like any of those bad stories. The money I spent was well worth it. Thank you again for making a scary experience a little less frightening! I will be highly recommending Mr. Lowery to anyone in need of an attorney for family matters.
    - Client
    “I give Lewis my highest recommendation. He was always kind, patient, and sympathetic.”
    I give Lewis my highest recommendation. He was always kind, patient, and sympathetic. He made me feel comfortable all the way through a very difficult divorce. He was incredibly quick at responding to me, whether by email, phone, or in setting up a meeting. He explained everything to me at every step of the process, and he is a great explainer. He knows all the ins and outs of the courts in this area, which makes him very effective. He is a superb lawyer and legal tactician. I can say that because I’m a lawyer myself.
    - Chris
    “I Could Not Have Found a BETTER Lawyer”
    [As far as my case goes] I could not have found a BETTER lawyer than Lewis Lowery. He always answered my phone calls or emails. He was a great support to me through this very stressful time.
    - Former Client
    “He and his staff were always prompt in responding to me and made me feel like I was their only client.”
    Lewis provided great calm and expertise in my divorce. He and his staff were always prompt in responding to me and made me feel like I was their only client.
    - Former Client

Meet Our Attorney 

Dedicated to Resolving Complex Legal Matters

At A. Lewis Lowery, Jr., Attorney at Law, PLC, you can find the knowledgeable, aggressive, and responsive representation that you need and deserve. Attorney Lewis Lowery is a former prosecutor who has also worked at Stafford County’s largest family law firm. He offers invaluable insights for your divorce or other family law case. As a proven litigator, he is not afraid to battle for your rights in the courtroom. But whether your case goes to trial or not, you can count on benefiting from one-on-one service from Mr. Lowery, who will personally answer your calls and emails, ensuring that you know where your case stands and what to expect ahead.