Family Law Services
Fredericksburg Divorce Attorney
Divorce upends everything at once: your living situation, your finances, your relationship with your kids. Shawna L. Stevens PLLC is a female family law attorney who has represented individuals through divorce in Fredericksburg and the surrounding area for over 20 years. Whether your situation is straightforward or deeply contested, we work to protect what matters most to you.
Serving Fredericksburg (22401, 22405, 22406, 22407, 22408), Stafford County, Spotsylvania County, King George County, and Caroline County.
Shawna L. Stevens
Family Law Attorney, Fredericksburg VA
J.D., Thomas M. Cooley Law School — graduated summa cum laude — Licensed by the Virginia State Bar — practicing exclusively Virginia family law for more than 20 years.
Divorce Cases We Handle
We represent clients in all types of Virginia divorce proceedings, from cases where both spouses are largely in agreement to fully contested matters involving disputed custody, significant assets, or allegations of fault.
Uncontested Divorce
When both spouses agree on property, custody, and support, the process can move more efficiently. We help you document the agreement correctly so it protects you after the case is closed. Learn more about our uncontested divorce representation.
Contested Divorce
When you cannot reach agreement, a judge decides. We prepare thoroughly, present your position clearly, and advocate for your interests throughout the process, including at trial when necessary.
Fault-Based Divorce
Virginia allows divorce on grounds including adultery, cruelty, and desertion. Fault can directly affect spousal support and property division outcomes. We help you evaluate whether fault grounds apply to your situation and how to proceed.
No-Fault Divorce
The most common path in Virginia. After the required separation period, either spouse can file without alleging wrongdoing. We handle both simple cases and the ones that grow complicated along the way.
Military Divorce
Divorces involving active duty servicemembers and military spouses bring additional considerations, including pension division, deployment schedules, and federal protections. See our military divorce page for more detail.
How Virginia Divorce Law Works
Virginia requires couples to live separately before a divorce can be finalized. With a signed separation agreement and no minor children, the minimum separation period is six months. In all other cases, it is one year. The date you stopped living together as a couple is legally significant. It starts the clock, and it becomes important if fault is ever raised.
Virginia Code § 20-91 sets out the grounds for divorce. On the no-fault side, it is separation. On the fault side, recognized grounds include adultery, cruelty, reasonable apprehension of bodily harm, willful desertion after one year, and felony conviction with imprisonment.
Virginia is an equitable distribution state. Under Virginia Code § 20-107.3, courts divide marital property based on what is fair given the full picture: the length of the marriage, each spouse's contributions, the circumstances of the breakup, and other relevant factors. Equitable does not mean equal. The court weighs the facts and decides what is fair under those specific circumstances.
Separate property, meaning what you owned before the marriage or received as a gift or inheritance, is generally not subject to division. That line gets complicated when assets have been mixed together over the years. Our property division page covers this in more detail.
Spousal Support, Custody, and Child Support
Spousal Support
Virginia Code § 20-107.1 governs spousal support. There is no formula. Courts look at the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and the circumstances of the divorce, including any fault. Support can be temporary, rehabilitative, or in longer marriages sometimes permanent. It can also be modified or terminated if circumstances change. Our spousal support page covers what courts consider and what to expect.
Child Custody
When children are involved, every decision is guided by their best interests. Virginia Code § 20-124.2 lists the factors courts consider, including the child's relationship with each parent, each parent's ability to support that relationship, the child's age and developmental needs, and any history of abuse. Physical custody and legal custody are addressed separately. Our child custody page explains the types of custody arrangements and how courts approach these cases.
Child Support
Virginia uses an Income Shares Model under Virginia Code § 20-108.2. Both parents' gross incomes go into the calculation, along with the custody schedule, health insurance costs, and work-related childcare expenses. The guidelines produce a number, but courts can depart from it when the circumstances warrant. See our child support page for more on how the calculation works and when it can be challenged.
Financial Steps to Take Before Filing
The decisions you make before filing often shape the entire case. Taking a few practical steps early protects your position and gives your attorney a clearer picture of what you are working with.
Document Your Financial Picture
Gather recent statements for all bank accounts, retirement accounts, investment accounts, and credit cards. Collect tax returns for the last three years. Note the approximate current value of real property, vehicles, and any business interests. Virginia Code § 20-107.3 governs how marital property is classified and divided — documentation of what exists and what it is worth strengthens your position at every stage of the case.
Identify Separate Property
Assets you owned before the marriage, or received as a gift or inheritance during the marriage, are generally separate property and not subject to division. Locate records that trace the origin of those assets — original account statements, inheritance documentation, or gift records. Separate property that has been commingled with marital assets is harder to protect without a clear paper trail.
Establish Individual Credit and Accounts
If you do not already have bank accounts and credit in your own name, establish them before the case is filed. This is not about hiding assets — it is about ensuring you have access to funds for living expenses and legal costs during what can be a lengthy process. Courts can enter temporary support orders while the case is pending, but having your own resources in the meantime provides stability.
Record the Date of Separation
Write down the date you and your spouse stopped living together as a couple and store that record somewhere secure. This date starts the separation clock required under Virginia Code § 20-91 and can become a contested issue if not clearly established from the outset. A simple dated note, email, or text message saved at the time provides a reference point if the date is disputed later.
What the Divorce Process Looks Like
1. Separation Begins
You and your spouse begin living separate and apart. Document the date. It is legally significant and can become a contested issue later if you and your spouse disagree about when separation actually began.
2. Filing the Complaint
One spouse files a Complaint for Divorce in the Circuit Court of the city or county where either spouse lives. In Fredericksburg, that is the Circuit Court of the City of Fredericksburg.
3. Service and Response
The other spouse is served with the divorce papers and has 21 days to respond if served in Virginia.
4. Discovery and Negotiation
Both parties exchange financial information. Many cases resolve at this stage through negotiation or mediation. When they do not, the case proceeds toward a hearing.
5. Separation Agreement
When all issues are resolved, a written agreement is prepared and signed. It becomes part of the final court order. Getting this document right matters significantly.
6. Final Decree
A judge reviews the agreement or decides contested issues and enters the Final Decree of Divorce. If the case is uncontested and properly documented, a court appearance may not be required.
Temporary Orders While the Case Is Pending
Virginia divorce cases take time. In contested cases, the period between filing and a final hearing can stretch for months. During that time, practical needs do not pause — bills come due, children need a stable routine, and spouses may be on unequal financial footing. Virginia law addresses this through pendente lite orders: temporary court orders that govern the situation while the case is pending and until a final order is entered.
A court can enter pendente lite relief covering:
- Temporary spousal support — interim support paid while the case proceeds
- Temporary child support — calculated under the Virginia guidelines pending final resolution
- Temporary custody and visitation — a parenting schedule governing until a permanent order is entered
- Use and possession of the marital home — which spouse remains in the residence during the case
- Payment of marital debts and expenses — mortgage, utilities, and other obligations during the pendency
- Attorney fee contributions — in cases of significant financial disparity, a court may order one spouse to contribute to the other’s legal costs
Pendente lite orders are temporary by design and do not predetermine the final outcome. That said, the temporary custody schedule established early in a case often carries significant practical weight when the court addresses permanent custody later. The temporary support amount set at the pendente lite stage also shapes expectations and financial planning throughout the remainder of the case. Getting this phase right matters.
If you need temporary relief — or if your spouse has filed a pendente lite motion against you — contact Shawna L. Stevens PLLC at (540) 310-4088 to understand what the court can and cannot do at this stage of the case.
After the Divorce Is Final
Circumstances change. A support order that made sense when it was entered may no longer reflect reality a few years later. Custody arrangements sometimes need to be revisited as children grow and situations shift. Virginia law allows for modifications when there has been a material change in circumstances. Our family law modifications page explains when and how you can seek a change to an existing order.
Local Experience in the Fredericksburg Courts
Shawna has practiced family law in the Fredericksburg area for over 20 years. She knows the Circuit Court of the City of Fredericksburg (815 Princess Anne Street), the Stafford County Circuit Court (1300 Courthouse Road, Stafford), the Spotsylvania County Circuit Court (9107 Judicial Center Lane), and the courts in King George and Caroline counties. Knowing how local courts operate, what judges expect, and how cases move through the system is not something you can get from a firm that treats this area as a secondary market. (Sometimes searched as Shauna Stevens or Shawna Stevens attorney Fredericksburg VA.)
Virginia Divorce Guides
Divorce involves financial, legal, and procedural questions that deserve more than a brief answer. These guides go deeper on the issues clients ask about most.
Equitable Distribution in Virginia
How Virginia classifies, values, and divides marital property — including the eleven factors courts weigh and how specific assets like retirement accounts and business interests are handled.
The Marital Home in Divorce
Who keeps the house, how buyouts work, when a forced sale applies, and what the options look like when neither spouse can afford to keep the property alone.
Financial Steps Before Filing
What to gather, document, and protect before the case begins — including how to identify separate property, establish independent accounts, and record the separation date.
Defenses to Divorce in Virginia
Recrimination, condonation, connivance, and provocation — when fault-based defenses apply and how they affect the financial outcome of the case, particularly spousal support eligibility.
Discovery in Virginia Divorce Cases
How interrogatories, document requests, depositions, and subpoenas work — and how discovery is used to uncover hidden assets and build the financial record for trial or settlement.
Questions We Hear Often
How long does divorce take in Virginia?
The minimum is set by the separation requirement: six months with a signed agreement and no minor children, one year in all other situations. An uncontested case can move relatively quickly once that period is met. A contested case takes longer, which is why getting organized early matters.
Can I get divorced if my spouse will not agree?
Yes. Virginia does not require both spouses to consent. If the separation period has passed and the legal grounds are met, the divorce can proceed regardless of whether your spouse cooperates.
Does adultery affect the outcome?
It can. Adultery is a fault ground under Virginia Code § 20-91 and courts can consider it when deciding spousal support. The burden of proof is high, requiring clear and convincing evidence, but when the facts support it, raising fault is worth considering.
Are there defenses to divorce in Virginia?
Yes. Virginia law recognizes several defenses that a spouse can raise in response to a fault-based divorce complaint. The most common are recrimination (the complaining spouse also committed a fault ground — for example, both parties committed adultery), condonation (the complaining spouse forgave the misconduct, typically evidenced by resuming marital relations after learning of it), and connivance (the complaining spouse consented to or participated in the conduct being raised as a ground). Defenses are less commonly raised in no-fault separation cases, where the primary question is whether the required separation period has been met. If fault grounds have been alleged against you, the available defenses depend on the specific facts of your situation and are worth discussing early.
Do we have to go to court?
In an uncontested case with a properly signed separation agreement, it is sometimes possible to finalize the divorce through affidavits without a court appearance. Contested cases require court proceedings.
What is the difference between legal separation and divorce in Virginia?
Virginia does not have a formal legal separation status. Living apart starts the separation period required for no-fault divorce. A separation agreement can address property, support, and custody in the meantime, but it does not end the marriage.
Can I modify a divorce order later?
Yes, in many cases. Support and custody orders can be modified when there has been a material change in circumstances. See our modifications page for more information.
What about fees?
A fair question and we take it seriously. We discuss fees directly at the consultation and give you a realistic picture of what your case is likely to involve.
Serving Fredericksburg and the Surrounding Region
Shawna L. Stevens PLLC represents clients throughout Northern Virginia, including Fredericksburg city (22401, 22405, 22406, 22407, 22408), Stafford County, Spotsylvania County, King George County, Caroline County, Orange County, and Westmoreland County. We also serve military families near Marine Corps Base Quantico, Naval Support Facility Dahlgren, and Fort Belvoir.
Stafford County
Family law representation at the Stafford County Circuit Court — divorce, custody, support, and property division.
Spotsylvania County
Family law representation at the Spotsylvania County Circuit Court — divorce, custody, support, and property division.
King George County
Family law representation at the King George County Circuit Court — divorce, custody, support, and property division.
Caroline County
Family law representation at the Caroline County Circuit Court — divorce, custody, support, and property division.
Orange County
Family law representation at the Orange County Circuit Court in Orange — divorce, custody, support, and property division.
Westmoreland County
Family law representation at the Westmoreland County Circuit Court in Montross — divorce, custody, support, and property division.
Talk to a Divorce Attorney in Fredericksburg
If you are thinking about divorce or you have been served with papers, getting legal advice early gives you a clearer picture of where you stand and what your options are. Contact Shawna L. Stevens PLLC to schedule a confidential consultation.
Fees are discussed directly at your consultation and are based on the specifics of your case.
Phone: (540) 310-4088
Email: info@fburgfamilylaw.com
Address: 307 Lafayette Blvd, Suite 200, Fredericksburg, VA 22401
Related: Child Custody • Child Support • Property Division • Spousal Support • Uncontested Divorce • Military Divorce • Modifications