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We handle mostly family law (divorce, custody, visitation, separation, support, etc.) and accident and injury (car accidents, bicycle accidents, personal injury, etc.) cases. We go to Chesapeake, Virginia Beach, Norfolk, Portsmouth, Suffolk and all of Virginia!
1108 Madison Plaza, Suite 203
Chesapeake, VA 23320
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757-454-2110
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If you need help with a child custody, child visitation, separation, divorce or separation agreement give us a call for a
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Want An Uncontested Divorce?

An uncontested divorce in Virginia is a relatively simple thing to define.  It does not necessarily mean that there are no disputes or that you are "not fighting" over anything.  An uncontested divorce means that there is a written separation agreement that decides everything for the parties.  This makes it quite simple for the Court to enter a Final Decree of Divorce as the Court simply ratifies the written agreement between the parties.

There are many advantages to an uncontested divorce and having a written separation agreement also known as a Property Settlement Agreement.  First, you can get divorced more quickly.  Not only do you not have to wait as long to file but you also do not have to wait as long to get into Court to get divorced.  An uncontested divorce gives you control over your divorce, your life and your future rather than leaving it to a Judge who knows almost nothing about you and is constrained by the law.  While you may feel that a lawyer is "pushing" a separation agreement upon you for your divorce, the reality is that it is much, much cheaper than a contested divorce without one.

The next common question is whether a separation agreement is truly needed if you and your spouse are not "fighting" over anything.  The answer is no.   It does make for an uncontested divorce though.  Without one, you have to go down the contested path which requires, amongst other things, a mandatory Judicial Settlement Conference.  This costs money and far more than a separation agreement would cost.  Additionally, there is the wait time to file without a written agreement for your divorce. So those two alone are good enough reasons to look into a written separation agreement.


You may have more questions about an uncontested divorce.  There is too much to say about an uncontested divorce for one web page.  We have Blog posts that may help answer some of your uncontested divorce questions. These are not designed to give legal advice but to answer some basic questions based upon my 25+ years of experience.  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 uncontested divorce questions or concerns.

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Practice Areas/Things We Do

  • Separation
  • Legal Separation
  • Separation Agreement
  • Living Separate and Apart but Still Living Together
  • Enforcement
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the more details the better to see if we can help you

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(757) 454-2110

Awards

We Have Been Reviewed By The Public And Peers Then Awarded For Excellence In The Practice Of Law

Coastal Virginia Top Lawyers
Expertise Best of Chesapeake
Academy=Truck-Accident-Attorneys
Reader Choice Best of Chesapeake

Do I Need A Lawyer For My Divorce?

The short answer is no - in Virginia you do not need a lawyer to represent you, process, file or finalize your divorce.  There is no rule or law saying that you do.  If one wants to file their divorce without a lawyer that is called being pro se.

There are advantages to having a lawyer represent you.  First, a competent divorce lawyer should know the process.  Like a sporting event or a board game, there are rules and procedures that need to be followed.  If you do not know those, then the outcome and results could be much worse than you desire.  Second, knowing what the law is helps get you the outcome most beneficial to you.  A competent divorce lawyer can help guide you through the pretrial aspects as well as the divorce trial helping to manage expectations and trying to make sure that you are treated fairly.  Lastly, an experienced divorce attorney can guide you through the divorce process so that you know what to expect as well as help manage your expectations by letting you know what is realistic and what is not.

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Reviews By Our Clients

Jamaal Armstrong
Jamaal Armstrong
2022-11-24
Mr. Thomasson did a great job of helping me find and get the information I needed on assisting me in my case. I can’t wait to use him with further information.
Jason Ferrigno
Jason Ferrigno
2022-10-28
These guys are awesome. Extremely friendly and do great work. Thanks!!
Grover
Grover
2022-10-25
Office staff awesome. The attorney was not so great. He did not seem to care about my case. Little to no contact. He said he would be at my final proceeding for a little while never showed. The attorney that attend in my final proceeding was awesome. I will not ever seek counsel with this attorney again or recommend him to anyone.
Tusharm Chavis
Tusharm Chavis
2022-10-20
To my attorney, Mr. Brian A. Thomasson, to your office managers Mrs. Theresa Rogers and Ms. Heather Rogers, I am writing this note to you to express my most sincere thanks for the most professional representation. You have stuck by me from the beginning and working diligently in dealing with my very stressful case. I admire your composure, work ethic and most of all excellent representation. Thank you all for helping me through this tough time and aiding a new beginning of my life. Thank GOD for your knowledge of the law, care and understanding for my family and I.
K. Washington
K. Washington
2022-09-24
Mr. Thomasson was helpful and was able to answer some questions and concerns that I had regarding my case. He was highly recommended to me by a retired lawyer.
Jennifer G.
Jennifer G.
2022-06-28
Brian took a case that another well known attorney said was impossible to win. Not only did he win that case, but he also got several show causes dismissed. On our scheduled court date we had two additional show causes that were never served, however, Brian got them dismissed without having time to prepare. What stood out the most with Brian and his office was their response time. It was either same day or soon after, which is pretty unheard of with most lawyers. We will be continuing to use him for future services and recommend him for difficult custody cases.
kathy blanchard
kathy blanchard
2022-06-15
Brian and his team are wonderful. Your every question is answered and they go above and beyond for you. They are caring and professional people.
Arsalan Ulhaq
Arsalan Ulhaq
2022-04-22
Would highly recommend Brian as an attorney. Got the best possible outcome for my case. Great lawyer, has multiple contacts in the legal system and fully understands the ins and outs of the courts. Very great full to have such good representation and will refer anyone else I can to him.
Christina Edwards
Christina Edwards
2022-04-08
“Killed it”…and it wasn’t even a criminal case. Brian has been thorough and extremely knowledgeable of the law, asking the important questions and presenting the information/evidence necessary to win the case.
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Blog Posts / Articles
About Uncontested Divorce

We will be the first ones to tell you that you should not believe half of what  your read on the Internet.  When it comes to doing your own reseach on divorce, whether it is  an uncontested or contested divorce, in Virginia we encourage you to use the Internet to get some foundations.  The problems are two-fold.  First, you do not know who wrote the article/post.  Even if it is on the page of a law firm in Virginia holding themselves out as divorce lawyers that does not mean a competent divorce lawyer wrote the article or even proofread the article.  In fact, many firms outsource those articles.  Here, I write our own articles/posts on various aspects of divorce, separation, custody, visitation, etc., and have them proofread by someone else in the office before they are posted.  Second, each case is unique.  There is no "one size fits all" divorce or articles on divorce.  Each case should be approached on its own fact pattern and handled accordingly.  Articles and posts should be designed to be generic and informative but not legal advice.

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.
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Locations/Places We Go

Our motto is - have briefcase will travel!

Where Do We Go?

Brian is licensed in all of the state courts of the Commonwealth of Virginia.  We handle cases in various Circuit Courts, General District Courts, and Juvenile & Domestic Relations Courts all over the state.

Types of Divorces

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.
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Uncontested Divorce Resources

There are some reputable resources on the Internet to help you with additional questions regarding an uncontested 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 uncontested 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.

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.

 

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Directions/Map

No matter from where you are coming, we are not too hard to find.  Approximately one (1) mile off of I-64 you take Battlefied Blvd South.  If you turn by Sonic in the Lowe's parking lot.  We will be the first red brick building on your left.
If you need to put our address into your GPS it is 
1108 Madison Plaza, Suite 203, Chesapeake, VA 23320
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Brian A. Thomasson, Esq.
Brian A. Thomasson, P.L.C.
757-454-2110
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Brian A. Thomasson, P.L.C., and StepUpToBAT is located in Chesapeake, VA, and serves clients in and around Chesapeake, Virginia Beach, Portsmouth, Norfolk, Suffolk, Hampton, Chesapeake City, Chesapeake County, Virginia Beach City County, Norfolk City County, Portsmouth City County, and throughout Virginia.  We handle divorce cases, family law, custody, visitation, support, separation, personal injury, accidents and injury law.