Family Law Attorney in Virginia
No, in Virginia, a spouse’s refusal to engage in sexual activity is not grounds for divorce on its own.
Virginia distinguishes two types of grounds for divorce:
- No fault.
No-fault grounds for divorce issues like living separate and apart for a certain period (usually one year) to end the marriage.
If you are applying for a divorce, you must consult with an experienced family law attorney in Virginia to discuss your legal options and the exact circumstances of your situation.
Can a divorce be granted if only one spouse wants to end the marriage due to a lack of sexual intimacy?
In Virginia, a divorce can be decided if one spouse desires to end the marriage, regardless of whether the other spouse agrees. Though, the grounds for divorce should be proven in court. Suppose the spouse looking for the divorce alleges a lack of sexual intimacy as the grounds for divorce. In that case, they should prove that the refusal to engage in sexual intercourse was wilful and continuous and that it was not due to any physical or medical reasons.
The burden of proof in a divorce case depends on the spouse seeking the divorce. This means they should give enough evidence to support their claim that the other spouse willfully and continuously declined to engage in sexual intercourse. Evidence can even provide testimony from the spouse seeking the divorce and other evidence like emails, text messages, or other communication that shows a pattern of refusal.
Note: It is important to note that the court will contemplate all evidence in the case before deciding.
Even if the court ensures that there was a lack of sexual intimacy in the marriage, it may not necessarily grant the divorce if it does not find that the refusal was willful and continuous. Moreover, the court may look for other factors, such as the length of the marriage, the financial and emotional support each spouse provides, and any other related circumstances when choosing the divorce.
Finally, a divorce can be granted in Virginia if one spouse needs to end the marriage due to a lack of sexual intimacy, but the spouse looking for the divorce must offer evidence to support their claim, and the court will consider all relevant factors before confirming with any decision. What should be done? Consult a divorce attorney to understand your situation’s certain legal requirements and inferences.
How can a divorce attorney help with a divorce based on a lack of sexual intimacy?
A divorce attorney can greatly support a divorce in accordance with the lack of sexual intimacy. Here are some ways that a divorce attorney can help:
Provide legal guidance: A divorce attorney can deliver guidance on the legal procedure for divorce in Virginia, right from the requirements for proving grounds for divorce, the procedures for filing a divorce petition, and the several issues that may arise during the divorce procedure.
Gather and present evidence: A divorce attorney can help to collect evidence to support your case, including any evidence of a lack of sexual intimacy or evidence of willful and continuous refusal to engage in sexual intercourse. They can also support presenting this evidence in court in a persuasive and compelling way.
Negotiate a settlement agreement: In many cases, a divorce attorney can help negotiate a settlement agreement with the other spouse that addresses issues including property division, spousal support, and child custody and support. Eventually, they can help in a lengthy and costly trial.
Advocacy in court: When your case goes to court, a divorce attorney can advocate on your behalf, bestowing evidence and making arguments to the judge supporting your case.
Emotional support: Going through a divorce can be expressively difficult, and a divorce attorney can provide support and direction throughout the process, helping you navigate the countless challenges that may arise as per your case.
A divorce attorney can deliver valuable assistance and support during a divorce based on a lack of sexual intimacy. Simultaneously, helps to ensure that your rights and interests are protected and that the procedure is as smooth and successful as possible.
Can a lack of sexual intimacy be grounds for divorce in Virginia?
Yes, a lack of sexual intimacy can be grounds for divorce in Virginia. Under Virginia law, wilful and constant refusal to engage in sexual intercourse without cause or excuse can be considered a fault ground for divorce. Though, the spouse seeking the divorce should be able to demonstrate that the refusal was wilful and continuous and not due to any physical or medical reasons. This can be a difficult burden to meet, and it is important to consult with a divorce attorney to understand your situation’s specific legal requirements and insinuations.