Can you divorce a spouse due to irreconcilable differences?

On Behalf of | Sep 1, 2023 | Divorce

Compatibility is a crucial factor in determining whether a marriage will last. When spouses have positive feelings toward each other, they may be less likely to consider divorce. However, not all couples are fortunate enough to have this kind of relationship. Staying in a marriage requires patience, understanding and compatibility. But what happens when disagreements become too difficult to overcome?

In these cases, it’s hard not to think about the possibility of divorce.

Is Virginia a “no-fault” state?

Yes. In the state of Virginia, divorce includes a “no-fault” ground. This means you do not have to prove that your spouse committed adultery, deserted you or acted cruelly against you to file for divorce. That said, there are specific criteria you must meet to get a divorce through this process. While irreconcilable differences cannot serve as the forma legal reason for divorce, some couples may use this term to describe their situation. In order to obtain a no-fault divorce in Virginia, you must meet certain requirements for the court to grant your divorce.

A means to an end

Just because a divorce is labeled as “no-fault” doesn’t mean you can file for it without being eligible for it. For those who have fallen out of love or both agree they no longer wish to be together, the court may still need to decide whether you meet the necessary criteria before granting your request. If you’re seeking a “no-fault” divorce, you’ll typically need to satisfy certain requirements, such as:

  • Neither party faults the other for their divorce
  • Spouses must have lived separately for at least a year if you have minor children
  • If there are no children, you must have lived apart for six months

In Virginia, if you want to get a divorce, you may need to go through a period of separation first to meet the eligibility requirements. This may give you time to think about whether you want to end your marriage or try to work things out and stay together. But if you decide you can’t reconcile your differences with your spouse after this time, you may choose to end the marriage for good and without any blame.  The separation period also provides ample opportunity to negotiate a settlement.




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