Divorce and Separation

Clarity When You Need it Most

Divorce

Divorce can be an emotionally and financially challenging time for families. At the Law Office of Li-Shann Durst, we provide trusted, experienced legal guidance to help you navigate each step with confidence. Attorney Li-Shann Durst focuses exclusively on family law matters, including divorce, spousal support, child support, child custody, parenting time, equitable distribution of marital assets, and allocation of marital debts. Many of these issues can be resolved outside of court through negotiation, mediation, or collaborative law. However, if an agreement cannot be reached, the court will decide the unresolved issues before granting a final divorce decree.

A divorce is the legal dissolution of a marriage and places the husband and wife in a position to conduct his or her affairs independently.  Whether the divorce is contested or uncontested, couples must address how to divide assets such as the marital home, retirement accounts, and bank accounts, as well as determine appropriate support obligations.  Virginia also permits no-fault divorce after a separation period, with special rules for couples with minor children. Every divorce case is unique, and working with a family law attorney helps ensure your rights are protected during property division, custody negotiations, and support determinations.

Separation

Virginia does not have a formal procedure for obtaining the status of a legal separation. This means, a couple will go from being married to living apart, with or without a separation agreement. The safest course of action is to formalize the terms of your separation by using a "separation agreement" or obtaining temporary orders for support, custody, parenting time etc. while separated.

Living "separate and apart" as referenced in the Code of Virginia means the parties are living “physically” separate and at least one of the parties has the “intent” to end the marriage and have communicate that fact to the other spouse.

Separation agreements are contracts which can be used to settle the rights, interests, and obligations of separating or divorcing parties. In Virginia, separation agreements are commonly referred to as “marital settlement agreements” or “property settlement agreements.” Even with a separation agreement in place, the parties are not considered “legally separated.”