New Year, New Beginnings: How to Prepare for Divorce in Virginia
For many people, the start of a new year brings reflection — and sometimes, the realization that a marriage may no longer be working.
January has even earned the nickname “Divorce Month” across the U.S., as couples decide to make difficult but necessary changes for their future.
At the Law Office of Li-Shann Durst, PLLC, we understand that no one begins the year hoping for a divorce. But if you find yourself considering it, knowing how to prepare properly can make the process smoother, faster, and less stressful for everyone involved.
Here’s how to start — with clarity, compassion, and confidence.
1️⃣ Understand the Virginia Divorce Process
Before taking any steps, it’s essential to know what Virginia law requires.
Divorces in Virginia fall into two main categories:
No-Fault Divorce: Based on living separate and apart for a set period.
Six months (if there are no minor children and you have a written Marital Settlement Agreement).
One year (if you have minor children or no agreement).
Fault-Based Divorce: Based on adultery, cruelty, desertion, or other misconduct.
Even in fault-based cases, many couples eventually resolve matters through mediation or collaboration, avoiding courtroom disputes.
2️⃣ Gather Key Documents Early
Divorce involves practical decisions — about finances, property, and children — all of which rely on documentation. Begin gathering:
Tax returns (past 2–3 years)
Pay stubs and employment information
Bank, credit card, and investment account statements
Mortgage, lease, and deed documents
Insurance policies and retirement account summaries
Records of major assets or debts
Having these ready helps your attorney assess your situation and prevents delays once the process begins.
3️⃣ Consider Your Living Arrangements
Virginia requires that you and your spouse live “separate and apart” before a no-fault divorce can be filed.
This can mean:
Physically living in different residences, or
In some limited cases, living in the same home but maintaining separate lives (sleeping, meals, finances, etc.).
Discuss with your attorney what qualifies in your specific circumstances — and whether moving out might impact custody or finances.
4️⃣ Plan for Financial Stability
Divorce can bring financial uncertainty. Take early steps to prepare:
Open individual bank accounts and establish your own credit.
Track household income and expenses.
Avoid making large financial moves (selling property, draining accounts) without legal advice.
Review your budget to understand post-divorce needs.
Having a clear picture of your financial situation helps you and your attorney plan for property division, support, and independence.
5️⃣ Focus on Your Children’s Well-Being
If you have children, keep them out of adult conflict. Focus instead on providing reassurance and stability.
Early on, you and your spouse can start discussing:
Temporary custody or parenting time arrangements
Child support expectations
Communication methods that keep the focus on the child’s needs
Li-Shann Durst helps parents navigate these discussions with empathy — balancing children’s well-being with their parents’ legal rights.
6️⃣ Explore Mediation or Collaborative Divorce
Not every divorce has to involve courtroom litigation.
Mediation and collaborative law allow couples to:
Maintain privacy
Reduce costs and stress
Design flexible solutions that work for their family
At our firm, we often guide clients through these cooperative processes when appropriate, helping them resolve issues respectfully and efficiently.
Ready to Take the First Step With Confidence?
Preparing for divorce doesn’t mean rushing into conflict — it means planning thoughtfully for a new chapter.
If you’re considering divorce in 2026 and want to understand your rights, responsibilities, and options, we’re here to help.
📞 Contact the Law Office of Li-Shann Durst at (703) 443-4762 or schedule a confidential consultation.
We’ll help you begin this next stage of life with dignity, clarity, and trusted Virginia legal guidance.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Every case is unique. Please consult an attorney for advice specific to your situation.