What Are The Legal Grounds For Divorce In Virginia?

Virginia would authorize a no-fault divorce if the husband and wife resided separately and apart because of the time necessary. Additionally, at least one of the spouses must intend for the divorce to be irreversible.

The required time is determined by whether or not the pair has minor children. It also matters whether either spouse has come to an understanding to resolve conflicts stemming from their marital relationship.

No-Fault Divorces In Virginia

Most of the reasons for divorcing enumerated in the Virginia legislation are fault-based. It implies that one partner committed an act of misconduct enough to vindicate the dissolving of the marriage.

In comparison, “living separate and apart” is another valid reason for divorce. When married people go with this as the basis for their divorce, they essentially pursue a “no-fault” divorce.If the husband and wife have no dependent children, either partner can initiate a divorce on a no-fault basis upon six months of residing separately and apart. It is also vital for them to find a solution that resolves the issues due to their marriage.

If no settlement is reached, neither partner can submit a divorce application on no-fault grounds unless the pair has already been separated for one year.

If the pair has dependent children, neither partner can apply for a no-fault divorce once split for one year. It makes no difference whether the pair has reached an agreement in the interim; the separation timeframe remains 12 months.

Grounds For Divorce

Once you file your divorce application, you must give the court a cause, or “legal grounds,” for why you seek divorce.

Some states permit a fault-based divorce, which means that you argue that your partner’s behavior throughout the marriage prompted the divorce.

Every state which permits fault-based divorce has a distinct set of divorce grounds. Most of the common grounds are:

Adultery

Adultery happens whenever a married person engages in intimate intercourse with an individual who is not their partner. In Virginia, adultery is a misdemeanor, which implies that evidence of adultery has to be accurate.

It is essential to recognize that infidelity committed after a pair has separated could still give the other partner grounds for divorce premised on adultery. There is no waiting time before submitting a divorce petition based on adultery.

Felony Conviction

A divorce could be approved if one partner is convicted of a criminal offense after the wedding date. This ground also encompasses whether they have been incarcerated for one year or more in a detention center and imprisoned.

Finally, it covers whether or not cohabitation has been reinstated following the detainment. There is no waiting time to apply for divorce premised on a criminal conviction.

Cruelty

Proof that one spouse continues to treat another individual in a way that makes marriage dangerous and puts another’s well-being or life in jeopardy is usually enough to demonstrate brutality grounds for divorce.

Cruelty is usually committed in a series of acts, but in some cases, a single act can be considered cruel if it is severe enough.

Although there is no waiting time before submitting a divorce petition, the parties should be separated for one year following the last “heinous act” even before a divorce can be made official.

Abandonment

If one partner has compromised the marital marriage relationship with an attempt to desert, the other partner could be legally allowed to divorce based on desertion.

A unanimous consent separation would not satisfy the requirements as a basis for divorce premised on desertion. There is no waiting time for submitting a divorce action based on desertion, comparable to that for cruelty.

However, the sides should be separated for one year following the date of desertion until they can complete a divorce.

You must present evidence to support all causes of divorce and separation. An eyewitness account who is genuinely aware of the situation is one instance.

grounds for your divorce determine the strength of your proof. Other reasons for divorce in Virginia have a “preponderance of the evidence” criteria of factual evidence.

This criterion is more straightforward than “unambiguous and convincing” and usually only necessitates a testimony or your witness testimony.

Summary

The individual requesting divorce in Virginia must have “grounds” for divorce. Adultery, felony, cruelty, and abandonment are among the fault grounds legally allowed in Virginia. A partner may also submit for “no-fault divorce” after separation.

Before submitting a divorce petition in Virginia, speaking with an experienced Virginia divorce attorney is a sensible decision. They can elaborate on the benefits and potential downsides of a fault-based divorce in one’s specific situation.

Depending on how contentious the divorce is, you might require the help of attorneys. An attorney will assist you in expediting the procedure while safeguarding your best interest. In court proceedings, even the slightest error can be costly.

Having an ally who understands how to handle the legal framework to guarantee an equitable division of wealth and possessions while feasibly defending your rights to the child is critical. Contact The Irving Law Firm to achieve an ideal outcome.

For Your Interest About This Topic: Does Virginia Require Separation Before Filing For Divorce?