Every family is unique, and sometimes, despite the best intentions, a marriage may come to an end. No matter the specific circumstances, the law in Virginia dictates when and how you can file for divorce, and knowing these ahead of conflict can give you the clarity needed to make decisions about your future. Virginia law provides clear guidelines on when to seek a divorce, whether based on separation or fault, which impacts the legal procedures you need to follow.
Grounds for Divorce Based on Separation
In Virginia, the law is straightforward about the need for couples to live separately before filing for divorce. The standard requirement is a continuous period of separation for one year. This means living apart without any cohabitation in a way that resembles a married life. It’s essential that the separation is clear and unequivocal.
However, there is an exception to this one-year rule. If you and your spouse have no minor children and have mutually agreed upon a property settlement, you can file for divorce after a six-month separation. This provision is designed to simplify and expedite the process for couples who meet these criteria, allowing them to move forward with their lives more quickly.
Fault-Based Divorce Grounds
Aside from separation, Virginia law (§ 20-91) also allows for divorce on fault-based grounds, which include adultery, sodomy, or buggery committed outside of the marriage, a felony conviction with at least one year of confinement, and cruelty which usually refers to physical harm. If your spouse has committed any of these actions, you may file for divorce immediately without waiting for a year of separation.
Cruelty and fear of bodily harm must have persisted for at least one year from the last act of cruelty before filing for divorce, providing a clear timeline for when legal action can be initiated. These grounds, especially when proven, can significantly influence the outcome of divorce proceedings, particularly in matters related to spousal support and asset division.
Support During the Divorce Process
In cases where immediate divorce isn’t possible or financial and custodial arrangements need to be made quickly, the Juvenile and Domestic Relations District Court can provide interim solutions. This court oversees issues related to child support, custody, and temporary spousal support while the final divorce proceedings are ongoing.
Impact on Financial and Custodial Decisions
The reasons behind the dissolution of a marriage can impact more than just the emotional aspects of divorce. In Virginia, if one spouse is found at fault due to actions like adultery or cruelty, it may affect how assets are divided and whether spousal support is granted. Courts take these factors into consideration, potentially leading to more favorable outcomes for the non-faulting party, including covering attorney’s fees.
Rinehart Bryant, PLLC Is Here to Help
Getting a divorce is never an easy decision, but knowing Virginia’s legal processes and working with experienced attorneys may provide some comfort and certainty. If you’re considering divorce and need guidance on how to proceed based on your personal circumstances, reaching out to legal professionals who understand and care about your best interests is the first step. At Rinehart Bryant, PLLC, we are ready to help you with the advice and support you need during this challenging time. For more information, call us at (540) 369-8855.
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