You Have Many Divorce Choices To Make
Divorces in Virginia can take many different paths depending on your circumstances and goals. Our attorneys advocate for completion of your divorce through settlement whenever possible, but we understand that everyone’s needs are unique, so a court proceeding may be the only option.
At Pack Law, we provide divorce services to men and women across Virginia. Our goal is to provide our clients with the information they need to understand the process and move forward with confidence.
No-Fault Vs. Fault Divorce
When you file for divorce in Virginia, you must state the grounds for ending your marriage. Virginia allows for both fault and no-fault divorces. No-fault divorces require that there be a six or 12-month separation before filing for divorce. For a six-month separation to be valid, both parties must enter into a written agreement to separate and have no minor children.
To file for a “fault-based divorce” you must be able to prove misconduct, which can be in the form of:
- Adultery. You can prove that your spouse had sexual relations with another person.
- Desertion. Your spouse left the marital home without any good reason.
- Cruelty. Your spouse behaved in a way that put your safety and security at risk.
Deciding to pursue a no-fault or fault-based divorce is something that you can speak with us about. Your decision may ultimately depend on your circumstances and your goals
Limited Vs. Complete Divorce
Virginia law allows for either a limited or complete divorce. A limited divorce is also referred to as a “divorce from bed and board,” and may be considered a legal separation in some states. Unlike traditional divorces, a limited divorce is only available on the grounds of fault.
Most couples want to completely dissolve their union so that they are free to remarry or otherwise sever legal ties from their spouse. If you have been a party to a limited divorce for at least one year, you can ask the court to convert it to a complete divorce. Otherwise, you will have to meet the requirements for divorce that involve residency, time living apart and giving any grounds for divorce.
Contested Vs. Uncontested Divorce
You may also have the option of pursuing a contested or uncontested divorce in Virginia. If you have a written separation agreement that provides provisions for the division of property and other significant issues, your divorce could be simplified. If you cannot agree on matters related to assets, child custody and support, or alimony, you will have to opt for a contested divorce.