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The ending of a marriage can be one of the most painful occurrences that an individual can experience. The attorneys at The Simms Firm, PLC realize that clients dealing with an impending divorce are not only dealing with several legal issues, but also carry the emotional pain that accompanies the end of the marriage. The attorneys work all divorce cases in a manner that give our clients the peace of mind to focus on re-establishing their personal lives, while the firm focuses on their pending legal matters.

In Virginia, there are two types of ways to be granted a divorce. A client can seek an uncontested divorce or a client can seek a divorce based on the fault of one party.

Uncontested/Non-Fault divorces are the most common type of divorces. Uncontested/Non-Fault divorces are based on 1 year of separation (if the couple has children) or 6 months (if there are no children of the marriage and the parties sign a Property Settlement Agreement). Non-fault divorces are based upon an agreement by both to end the marriage due to irreconcilable differences.

Upon the initial separation, it is wise to contact an attorney at The Simms Firm, PLC to have one of our experienced attorneys draft a Property Settlement Agreement. A Property Settlement Agreement can resolve any and all issues of property division, financial issues, child visitation, etc. If the parties agree, the agreement is filed and presented to the presiding judge at the conclusion of the divorce and becomes enforceable. If you have an impending divorce or separation, contact the attorneys at The Simms Firm, PLC for consultation and legal representation.

Fault based divorces are based upon a one year separation and request to conclude the marriage based on one or more reasons pronounced under Virginia law. The most common requests for a fault based divorce are for Adultery and/or Cruelty (includes physical/mental abuse and dissertation). If you are seeking a fault based divorce, please contact the attorneys at The Simms Firm, PLC. We can take the appropriate actions to ensure that your interests are aggressively protected as you navigate through this difficult time.