Fairfax Grounds for Divorce Lawyer

Grounds For Divorce

Grounds for Divorce Attorney Serving Fairfax VA

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.

“No-Fault” Divorce in Virginia

A “No-Fault” divorce may be granted after the couple has lived separately 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 Fairfax ground for divorce attorneys of Curran Moher Weis can help you meet the requirements under Virginia law for separation and no-fault divorce.

“Fault” Divorce in Virginia

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 a 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 Fairfax Grounds for Divorce Attorney

At Curran Moher Weis our best Farifax grounds for divorce attorney has years of experience representing the interests and protecting the future of Northern Virginia, and nearby clients. Contact us today at (571) 328-5020 or request a consultation to speak with an experienced Virginia family law attorney at Curran Moher Weis.

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