Filing for a divorce in Virginia can not only be emotionally painful, but it can be confusing as well, especially if your spouse doesn’t want to separate. Before filing, there are several things you need to know about Virginia’s divorce laws and how specific grounds for divorce may impact your claim.
Legal Grounds for a Virginia Divorce
In order to file for divorce in Virginia, you or your spouse must have been a state resident for at least six months. Once you can establish residency, you must then establish the grounds or reasons for the divorce; if no reasons can be claimed, a divorce may not be considered appropriate or pertinent enough to be granted.
There are two separate grounds classifications for divorce: No-fault and fault-Based
No-fault divorce is generally classified when the reason behind the separation is claimed by either you or your spouse as a result of irreconcilable differences. These differences can include not getting along, or a mutual desire to terminate the marriage. However, in order to declare a no-fault divorce, you must have been separated for at least six months (if there are no children involved) or up to a year (if minor children are affected).
Fault-based divorce indicates that there is a problem with the marriage that has caused you or your spouse to seek a legal separation. These problems or incidents include:
- Felony conviction and imprisonment after the marriage
- Cruelty and abuse that causes fear of emotional and physical harm
- Desertion or unplanned separation lasting over a year
A divorce can be one of the most painful and stressful periods in your life; don’t go through it alone. We’re here to help make sure your rights are upheld, your family is protected, and you receive the care, information, and support you need throughout your ordeal. Contact us to make sure your divorce goes smoothly and doesn’t impact the rest of your life. Don’t wait any longer to get your life back—call now!
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