top of page

Divorce, Contested Divorce, Uncontested Divorce In Virginia - We Can Help

Divorce is a word that makes people cringe.  Whether one is happily married, thinking about marriage or has been through a divorce the "nails on the chalkboard" feeling never quite goes away.  Why should it?  When one goes through a divorce it affects everything - your spouse, any children, finances, living arrangements, employment, and so much more.  It is simply one of the most difficult things that a person can go through.  Our office strives to make the emotional and financial struggles as minimal as possible.  There is no way that anyone can guarantee a stress-free divorce but we can tell you that we are here to listen and to answer your questions.

Let's be honest, when you separate from your spouse it is going to be difficult, traumatic, and a transition for everyone.  There are ways to make it easier for you, your spouse, any children and your wallet.  There are options.  Whether it is creating a Separation Agreement or having to file a Complaint for Divorce we can discuss those options with you.  We are also able to talk you through the divorce process in Virginia whether it is in Chesapeake, Virginia Beach, Norfolk, Portsmouth, etc., so you can have some understanding about what you are looking at so there is less mystery.

There are different types of divorces in Virginia.  There are fault based, "no fault" based, contested and uncontested.  There is too much to say about each of these types for one page so we have links to each page for you to review and research.  After, if you have questions about your divorce or would like to schedule a free consultation with a lawyer, please fill out the Consultation Form, give us a call or send us a text.  We are more than happy to answer your divorce questions or concerns.

At Brian A. Thomasson, P.L.C., we are a law firm that cares about our clients and their problems.  We have helped many people and families in various family law matters in Virginia including custody, visitation, divorce, contested divorce, separation (legal separation, uncontested divorce, support, and many more. 

While our primary office is in Chesapeake, Virginia, we practice law throughout Virginia including Norfolk, Virginia Beach, Suffolk, Portsmouth, Newport News, and Hampton to name a few.  Whether you have been hurt in a car accident or by a cheating spouse, we would like to try to help.

We give personal attention and everyone works on your case meaning that if you call or come in, someone should be able to help you.  With over 30 combined years in the legal field, we can offer insights on almost any and every legal problem.

While we are known for excellence in family law, as divorce attorneys, child custody lawyers, and support matters, we are also award winning attorneys in Civil Law as well as Criminal Law!

We are licensed to practice in every state court in Virginia.  We are also licensed in the Federal Courts for the Eastern District of Virginia.  We bring a unique and different perspective based upon our combined experiences.

Send us this form to receive a

Consultation With An Attorney


We charge $100 for a consultation fee for a reason.  You get a 30 minute consultation with a lawyer about your case.  You get one-on-one time with a licensed, experienced, award-winning attorney who will answer your questions to the best of his abilities.  If you have documents to review, he will review them for you as well.  The consultation fee is not only far less than other attorneys charge for the same amount of time, but the fee is then applied towards your fees if you elect to retain us.  How do we apply it?  We will give you a $300 credit towards your fees.  We hope that these incentives will let you give us an opportunity to talk with you about your situation.


As stated earlier, there are several types of divorces in Virginia that any competent divorce attorney should know and guide you through.  Below will be links to each of the types of divorce that I reference here.  This section is designed to be more of an overview to help guide you to the page that you believe is most applicable to your divorce.

Let's start with contested versus uncontested.  The simple difference between the two is whether there is a written Separation Agreement or Property Settlement Agreement between the parties.  This is an oversimplification of this type of Virginia divorce process as there are exceptations.  The most common is that child custody or visitation was addressed in the Agreement, however, things have changed and one party wants to have the Court determine child custody and/or child visitation.  This will result in a trial which, therefore, makes it a contested divorce instead of an uncontested divorce.

Feel free to read our posts before your free consultation and we are happy to go over any questions you have at that time.  We invite educated questions.  The more that our clients know the better we can help them achieve their goals.


Two terms that we often hear regarding divorce are fault and no-fault.  These are not actually legal terms that are not really used in Virginia divorce law.  These terms are more for lay people and we are happy to bridge the gap between fault and no-fault.

A fault based divorce is one where someone has committed an action to create the ending of the marriage.  Some of the actions you think of as fault are considered fault for divorce - adultery, physical abuse, cruelty, desertion, etc.  There are many other grounds that people think are fault grounds for divorce in Virginia but are not.  I strongly suggest that you sepak with a competent lawyer about your specific questions.

As for no-fault divorce in Virginia, it is pretty much what you probably think of.  A no-fault divorce is one where the parties just do not ant to be married to each other.  There are differnet time tables for when this type of divorce can occur but generally speaking it is one year after separation of the spouses.

Feel free to read our posts before your free consultation and we are happy to go over any questions you have at that time.  We invite educated questions.  The more that our clients know the better we can help them achieve their goals.

When it comes to a contested divorce versus an uncontested divorce, Virginia law treats them differently.  This difference is very simple to define - do the parties have a written separation agreement.  If they do and there is no argument or anything for the Court to decide any issues.  When there is a written agreement and there are no issues, the case is considered uncontested.

If there is no written agreement, then the matter is contested.  This means that the Court has to decide some if not all of the issues of the divorce.  Now there are occasions when an uncontested divorce becomes contested.  This usually occurs when child custody, visitation or support are not agreed upon.  Another reason is when the agreement is incomplete leaving something for the Virginia divorce court to decide.

Feel free to read our posts before your free consultation and we are happy to go over any questions you have at that time.  We invite educated questions.  The more that our clients know the better we can help them achieve their goals.

Divorce Resources

There are some reputable resources on the Internet to help you with additional questions regarding a contested divorce. I will give you some below. Please remember that this is not designed to replace a competent lawyer, be some sort of DIY roadmap, or even be specific to your situation. These are just some contested divorce resources that you may find helpful.

This is a video put out by the Virginia State Bar on divorce in Virginia.


Here is a link to the Virginia State Bar on financial issues in divorce in Virginia.


There is also some information put out by the Virginia State Bar on children and divorce.


This is a commercial site so it is set up to sell a product.  Regardless, there are some helpful insights.


This is a link to the Code of Virginia section that discuss how an uncontested divorce is started in Virginia.


This is the Virginia Code section on the grounds of divorce in Virginia.

Divorce, Family Law, Separation, Accident and Injury Lawyers in Chesapeake and all over Virginia

When it comes to handling your divorce, family law matter, accident or injury cases, we have been helping people in Chesapeake, Norfolk, Virginia Beach, and throughout Virginia since the 90s.  While our primary office is in Chesapeake, VA, we are close to all of the courts and we frequently travel to them.  Through the use of technology, we are able to assist you in your divorce as your divorce lawyers where ever you may be located.

For more information, feel free to visit our exclusive family law site for information on divorce, separation, child custody, child visitation, spousal support and child support at

Frequently Asked Questions

About Divorce or Family Law In Virginia

  • How Do I Get Legally Separated?

    • In Virginia, there is no such thing as "legal separation".  You are either married or divorced.  You are separated for the sake of divorce if you have been living separate and apart from your spouse and when you separated one of you had the intention for the separation to be permanent.​

  • What is an Uncontested Divorce?

    • An uncontested divorce is one where the parties are not arguing or fighting over any of the issues.  They are the quickest and cheapest ways to get a divorce in Virginia.  For more information, contact one of our top rated divorce lawyers for a consultation with a lawyer.

  • What is a Contested Divorce?

    • A contested divorce is when there are one or more issues that the parties cannot agree upon.  This means that the Court has to decide it.  This is where having a good divorce attorney is necessary.  Without the right representation, you could not get what you are entitled to by law.  For more information, check out our blog article on contested divorceFor more information, contact one of our top rated divorce lawyers for a consultation with a lawyer.

Award Winning Attorney!
We have been reviewed by our peers and the public
for divorce, family law, and civil litigation

Super Lawyers
Top Lawyer of Coastal Virginia
Coastal Virginia Best of Business
academy truck accident attorneys.jpg
We are located at 1108 Madison Plaza, Suite 203, Chesapeake VA 23320

Why Hire An Attorney?

This is a question that we get frequently and, quite honestly, it is a loaded question.  If you ask a doctor or carpenter or plumber if you should hire a plumber then, honestly, the answer that you get will probably be "yes".

So here is my answer, we have gone to school, passed the Bar and practiced law for many years.  This is our job.  While we are sure that hundreds if not thousands of people represent themselves in Virginia and probably do a decent job, the reality is that we would like to think that we can do a better job.  So, in other words, if you believe that we can do your job just as well as you can do yours then please do not hire an attorney.

Check out our Facebook and YouTube pages!

bottom of page