When you legally separate from your spouse, this usually means you’re no longer living together but you haven’t gone through…
What Are the Grounds for Divorce in Virginia?
When considering the process of divorce, there are many questions that will arise. If you plan to move forward with the action, one major matter will need attending before all others. Grounds must be established. The grounds for divorce are exactly what they sound like—this includes the reasons for the termination of the marriage, or why the termination should proceed.
Divorce can be a complex event, and many find the process difficult, stressful, and overwhelming. But it doesn’t have to be as difficult as it feels. With the insight and guidance of the divorce lawyers at Graham Law Firm, PLLC, your divorce can move as smoothly as possible. For further information on grounds for divorce in the state of Virginia, please feel free to contact our firm today. You can reach us online when you are ready.
Grounds for Divorce in Virginia
The grounds for divorce are essentially split into two primary categories: fault, and no-fault.
A No-Fault Divorce
A no-fault divorce involves both parties consenting and in full agreement upon the action taken. When seeking a no-fault divorce, it is strictly stipulated that both parties live separate and apart for a full (1) year without cohabitation. If no minor children are present in the relationship, and the parties have pursued a Property Settlement or Separation Agreement, the amount of time is reduced by half, being six (6) months.
Fault may arise during a no-fault divorce if issues regarding alimony or other legal agreements cannot be agreed upon fully by both parties.
An At-Fault Divorce
When one party solely seeks divorce, the state requires legitimate and acceptable reasoning for the divorce to proceed. Valid pursuits of divorce in Virginia include:
- Adultery, sodomy, or buggery.
- Conviction of a felony.
- Cruelty, including willful desertion or abandonment.
Do be aware that numerous factors come into play with all of the above stated grounds. In all cases, legal, documented proof must be available for the claim to be valid. Additionally in the case of a felony, cohabitation must not have been resumed upon gaining knowledge of the spouse’s conviction.
Divorce Lawyers in Northern Virginia
At Graham Law Firm, we’ve helped thousands of families in the Northern Virginia area reach mutually beneficial divorce settlements. If you wish to pursue divorce, or if you are unsure about the above specified stipulations for grounds for divorce, contact our award-winning lawyers at Graham Law Firm. Our divorce and family law attorneys can provide trustworthy counsel to assist you in this often difficult process.