Fault-Based Divorces in Virginia

Fault Based Divorce

Fault-Based Divorces in Virginia

Divorce is one of the saddest experiences that a married couple may face. Depending on the circumstances, a spouse may file a fault-based or no-fault divorce. If the couple is filing a fault-based divorce, the divorce will most likely be contested. No-fault divorces might be contested or uncontested, depending on the cooperation of the spouse.

All states allow a version of no-fault divorce (not requiring blame or fault), but only some states offer a fault-based divorce. Virginia is a state that allows for both fault-based and no-fault divorce filings.

Fault-Based Divorce

The Code of Virginia allows a spouse to file for a fault-based divorce on the following grounds:

  • Adultery
  • Sodomy
  • Buggery
  • Willful desertion or abandonment
  • Conviction of a felony
  • Cruelty

Unlike a no-fault divorce, a fault-based divorce does not require that you be separated from your spouse for at least one year before petitioning the court for a divorce.

Contested Divorce

The dissolution of a marriage involves coming to terms with numerous issues. In Virginia, if your spouse and yourself disagree on at least one issue, then you will file a contested divorce. It may be necessary to proceed with a contested divorce if your spouse is hostile, hard to negotiate with, or abusive.

A Fault-based Family Attorney in Virginia, Maryland & Washington D.C.

If your marriage has entered the path of fault-based divorce. Contact us to schedule your consultation today.

Get in touch with us

Schedule a consultation with one of our experienced lawyers today by filling out the form below, or call us at (571) 328-5020.

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    Jason handled my very messy divorce. Complicated custody situation, property disputes, police reports, CPS, custody evaluation – just to name a few things that we had to deal with. Jason always had the situation under control. He will never pr...

    G.B.

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    Grant Moher and his firm has a solid background in addressing family law issues that pertain to military families. They are well positioned to help all service members, veterans, and their dependents. I found Grant Moher and his staff to be exceptio...

    Brad

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    Steven is very tough but also a decent person and works to create the best possible outcome. He guided me through some very difficult and upsetting negotiations to a very good outcome. He is always extremely accessible. He is very honest and does no...

    K.H.

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    I’m thankful to have engaged Nicole at the start of the process of divorce with children. Her advice has continually been thoughtful and precise. Her experience allows her to be pro-active and she has been thorough in explaining all facets of ...

    Jacquelyn