Grounds for Divorce in Virginia
Virginia law requires that grounds for divorce exist and be proven to the court, even if both parties agree to the termination of the marriage. A qualified Virginia divorce attorney can educate you about the options of either a fault or a no-fault divorce.
Grounds for “Fault” or “No-Fault” Divorce in Virginia
Spouses seeking a divorce in Virginia may file for either a “No Fault” or “Fault” based dissolution. Each type of divorce has specific merits and legal ramifications which are best discussed with legal counsel.
A “No- Fault” divorce may be granted after the couple has lived separate and apart for more than one year. That time period can be reduced from one year to six months if both parties have entered into a Property Settlement or Separation Agreement and there are no minor children from the marriage. At least one party must have intended the separation to be permanent. Parties live separately when they move into separate residences. It is possible to live separately under the same roof in certain circumstances. However, this involves more than simply moving into different bedrooms or ceasing marital relations.
The legal team of Curran Moher Weis can help you meet the requirements under Virginia law for a separation and no- fault divorce.
There may be numerous advantageous reasons for one to seek a fault-based divorce in The Commonwealth of Virginia. Filing for this type of divorce can have an impact on both the financial outcome and the amount of time required for the dissolution of marriage. Aggressive legal representation is crucial to ensure your rights in a fault-based divorce.
Virginia state courts recognize the following fault-based grounds for divorce:
Adultery: Evidence must be “clear and convincing.”
Cruelty and Reasonable Apprehension of Bodily Harm: Requires physical or extreme emotional harm.
Willful Desertion or Abandonment: Essentially, one party’s leaving the marital residence without the consent of the other.
Incarceration for felony of more than a year.
In the end, establishing your valid reasons for divorce in Virginia is a process that is better navigated with the guidance and support of an experienced divorce attorney.
Meet with an Accomplished VA Divorce Lawyer
We can help you traverse the grounds for divorce while representing your interests and protecting your future. Call us today at (571) 328-5020 or request a consultation to speak with an experienced Virginia family law attorney at Curran Moher Weis.