Do You Have Legal Grounds for Divorce in Virginia?
When the relationship between married couples breaks down, filing for a divorce in Virginia involves more than just filling out paperwork. The circumstances surrounding your break-up matter.
In Virginia, you can file for a no-fault or fault-based divorce. Our Virginia divorce attorney explains the difference, legal grounds in fault-based cases, and how it can impact the divorce timeline and issues such as alimony and marital property division.
Fault Grounds For Getting A Virginia Divorce
In Virginia, you have the option to file for a fault-based or no-fault divorce. A no-fault divorce requires a one-year separation, but the only reason you need to provide is irreconcilable differences.
While you do not need to be separated for a year to get a fault-based divorce in Virginia, these cases are generally more challenging. As the name implies, it requires specifying how your spouse was to blame for the marriage failing. Under Section 20-91 of the Virginia Code, legal grounds for a fault-based divorce in Virginia are:
- Adultery;
- Emotional cruelty or physical abuse;
- Abandonment or desertion lasting at least one year;
- Conviction of a felony with a sentence of one year or more.
Choosing between a fault-based or a no-fault divorce in Virginia is a serious matter, as it affects how your case proceeds. Fault-based cases are typically more contentious and often require additional evidence and hearings. However, if your partner wronged you, it can help hold them accountable and get a better outcome in your divorce settlement.
How Grounds Can Affect the Outcome of Your Divorce
Specifying fault grounds when filing for a divorce through the Virginia Family Court, rather than seeking a no-fault divorce, can significantly impact your rights in divorce-related matters. These include:
- When you can file: Fault-based divorces can be filed immediately, while no-fault divorces require a waiting period.
- Spousal support: If your spouse engaged in marital misconduct, it could work in your favor when determining spousal support. However, alimony may not be an option if you are the guilty party.
- Property division: If your spouse spent or depleted marital funds due to their misconduct, it could benefit you in marital property division and entitle you to a greater share.
- Child custody decisions: Fault grounds can work against your spouse in Virginia child custody proceedings, particularly if their behavior puts you or your child at risk.
Not sure whether to file for a no-fault or fault-based divorce? Our experienced Virginia divorce attorney can review your case and help you choose the best approach to protect both your rights and best interests.
Speak With Our Experienced Virginia Divorce Attorney Today
Getting divorced in Virginia is never easy, and no two cases are alike. At Schwartz Kalina, PLLC, we take the time to thoroughly review your situation to determine whether filing for a no-fault or fault-based divorce is your better option.
To speak with our experienced Virginia divorce attorney, call or contact us online. Request a confidential consultation today.
Source:
law.lis.virginia.gov/vacode/title20/chapter6/section20-91/
loudoun.gov/114/Juvenile-Domestic-Relations
