Should I file for divorce based on fault grounds in Virginia?

On Behalf of | Apr 20, 2022 | Divorce

Going through a divorce can be a stressful situation. In addition to the emotional stress, you and your spouse have to find a way to separate your joint life.

In Virginia, there are two ways you can approach your divorce, and both can have advantages and difficulties. You can either file a no-fault divorce or file based on grounds.

Here’s what you should know about choosing how to divorce in Virginia.

What grounds for fault are available?

Filing an at-fault divorce means that you are claiming that your spouse did something wrong to lead to wanting a divorce. In Virginia, there are several potential grounds for divorce, such as:

  • Adultery
  • Cruelty, bodily hurt or abandonment
  • Felony conviction

When there are grounds for divorce, there is no separation requirement. However, there are typically requirements to prove that the grounds are legitimate. Also, the inherent conflict of an at-fault divorce typically comes with a higher price tag.

What if we do not have grounds?

There are times when neither spouse has committed acts that would constitute grounds for divorce, but one or both of you still want to end your marriage. One of the advantages of a no-fault divorce is less conflict during the divorce process.

However, to file for a no-fault divorce in Virginia, you must prove you have been separated and ceased physical relations for one full year. In some cases, you may be able to reduce the one year to six months if you have a written separation agreement and no children.

Going through a divorce will come with challenges, but you should not face them alone. You should talk to a skilled professional who can help you with the process.



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