If you are considering filing for divorce in Virginia, there may be many questions on your mind, and through uncertain times, it is helpful to understand the divorce basics in Virginia. While not allowable in every state, Virginia law allows for fault and no-fault divorces. And, in this post, we will discuss these options.
As the name implies, fault-based divorce represents the notion that one party caused irreparable harm to the marriage. Common grounds for a fault divorce in Virginia include: adultery, abandonment/desertion and felony conviction that results in a year or more of confinement. Fault divorces require credible proof of the fault claim. Fault divorces can affect marital property division and other decisions a family law judge makes, like child custody and support. Though, an attorney can discuss specifics of proof requirements and implications of this type of divorce.
If you do not want to assert any wrongdoing on the part of your spouse, a no-fault divorce is an option. The only proof required for a no-fault divorce in Virginia is separation for a year or six months, provided you have no minor children, and a separation agreement exists between the two spouses.
Even though this type of divorce is simpler in proof requirements, there still exists questions of property division, spousal support, child custody and support, if applicable. These issues exist with both divorce types.
What if I am unsure about which is right for us?
Divorce can be complicated with the number of decisions you need to make. An attorney well versed in family law and handling Alexandria, Virginia, divorces can be an asset in helping you decide which option is right for you. Other options exist outside of litigating a divorce. Your relationship and circumstances are unique, so an attorney can help guide your journey to meet your end goals. You do not have to figure out the answers on your own.