An Experienced Fairfax Family Law Attorney Discusses Divorce In The Commonwealth Of Virginia
Because I practice family law in northeastern Virginia, a number of my clients are transplants from other states who have moved to the Fairfax area for employment. While many facets of the dissolution of marriage process are universal, the laws of the Commonwealth of Virginia with regard to grounds for divorce and legal separation are quite different from those of other states. For instance, most states have some form of no-fault divorce, where neither party has to show cause to have the marriage dissolved. This type of divorce is also possible in the Commonwealth of Virginia, but it first requires a period of separation.
Virginia's Separation Requirement for No-Fault Divorces
If a husband and wife have lived separate and apart for a year without interruption with at least one of them having the intent to remain permanently separated, either spouse can file for a no-fault divorce. Furthermore, if the spouses have no children in common (naturally born or adopted); and they have entered into a binding separation agreement; and they have lived apart for six months without interruption with the intent to remain permanently separated, either party may file for a divorce. Because of these legal complexities, many individuals employ the services of an experienced family law attorney even for no-fault divorces.
Legal Separation in the Commonwealth of Virginia
In Virginia, "Divorce From Bed and Board" describes a legal status where the spouses are separated but the bonds of marriage remain in place. Neither party is able to remarry, and the status does not affect marital property. This is also referred to by attorneys as Divorce a Mensa et thoro (Divorce of the Mind).
At-Fault Divorces in Virginia
Virginia Code § 20-91 also lists several ground that allow for the immediate filing for the dissolution of marriage:
- Adultery, sodomy, or buggery outside of the marriage
- One of the spouses has been convicted of a felony (stipulations apply)
- The spouse has been abusive or cruel
If any of these criteria are met, the requirement for a period of separation prior to filing for the divorce does not apply.
Divorce law in the Commonwealth of Virginia is more complicated than in other states. Spouses who file for divorce without proper legal representation from a qualified family law attorney often make mistakes that could affect child custody, support, visitation, and asset/debt allocation. To ensure that your divorce is handled properly, retain the services of a reputable Virginia family law attorney before filing.
Virginia Divorce and Family Law Attorney Claudia Zucker
Do you need a divorce attorney? Do you have questions about divorce and separation in Virginia? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.
