FAQ about Virginia Divorce Law Fairfax

In Virginia, what are Considered to be the Grounds for Divorce?

Fault and no-fault divorce are considered to be the grounds for divorce in Virginia. The fault grounds are if a spouse committed adultery, sodomy, or buggery, cruelty, and/or desertion or abandonment. A no-fault divorce is one that is based on the fact that the married couple can’t get along with each other anymore and they have irreconcilable differences. The law in Virginia cannot always tell if the married couple have irreconcilable differences, but they allow them to divorce if the married couple are separated for one year or 12 months and have minor children, and the separation will decrease to six months if the married couple sign a separation agreement and have no minor children.

What is the Meaning of Desertion in Virginia:

If a spouse is convicted of desertion that means he/she left, abandoned or deserted his/her spouse with an intent to leave permanently. However, it won’t be classified as a desertion if the spouse left for a temporary time such as taking a vacation.

How will the Desertion be Proved?

For desertion to be proved someone must prove that the desertion was against the wishes of the deserted spouse if there was no justification of the desertion by the deserted spouse, and that the intent of the deserting spouse was to end their marriage.

Moreover, if the spouse agrees with the choice of desertion of his/her husband, then he/she wont be able to do allege on desertion afterwards.

For a Divorce to Happen, What kind of Proof must Someone get?

For a divorce to be proved, it usually involves a person outside the marriage to prove the faults. A detective is usually hired to prove that adultery was committed by the spouse of a married couple. This detective is used to prove the “inclination and opportunity” that the spouse had. The inclination can be that the spouse spent a night with someone, that is outside of their marriage, in a residence or room. Moreover, it can also be proved through simple kiss or hug.

How Long Does it Usually take to get a Divorce in Virginia?

If a married couple are divorcing due to adultery made by either of the spouses, then the divorce shall be given immediately by the court if the adultery was proved. Moreover, if separation is the reason that a married couple are divorcing, then they must live separately for at least one year or 12 months. However, if the married couple don’t have minor children and they draft a separation agreement, then only six months of separation are needed. Furthermore, if a divorce is based on cruelty and/or desertion, then they must live separately for one year.

What does Venue in Virginia mean?

What locality the case is filed in and in what court, is considered to be the Venue. The Circuit Court is the proper venue for the divorce action in Virginia.

What is the Residency Required in Virginia for a Divorce to be filed?

If a married couple wants to divorce, the residency required for one or both the spouses is at least six months.

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