If you are planning to file for a divorce, you need to know the grounds for divorce in Virginia you will be using when filing your case. Unsure about this? Then it is best to contact a skilled Virginia divorce lawyer for help.
When you have made up your mind to file for a divorce, you are required to have a reason recognized by the state of Virginia to dissolve the marriage.
These reasons are called grounds for divorce. Grounds for a divorce in Virginia depend on the type of divorce the individual is filing for. In the state of Virginia, there are two types of divorces – no-fault divorces and fault divorces.
No-fault divorces are divorces where both the parties agree that the marriage can no longer continue and must be ended. In Virginia, there is only one legal ground that can be used to file a no-fault divorce and that is legal separation based on irreconcilable differences. The couple that wishes to file for a no-fault divorce must have been separated for at least 12 months before filing for the divorce. This time period can be reduced to six months if there are no minor children. Further, the couple must have signed a Separation Agreement stating that all issues pertaining to the dissolution of the marriage including alimony, child support, child custody and division of marital property have been settled.
In fault divorces, one of the spouses is accused of committing marital misconduct, which will be the primary cause for the dissolution of the marriage. Grounds for divorce in Virginia include:
The sexual intercourse between a spouse and an individual who is not their wife/husband is termed as adultery. If you are accusing your spouse of adultery, then you need to provide proof of the adultery. Proving adultery can be done by proving opportunity and disposition. Opportunity means the time periods the accused spouse spent with their illicit partner. Disposition is any public display of affection between the spouse and their illicit partner.
Willful desertion means a spouse willingly leaves the marital residence with the intention of ending the marriage and it must last for an uninterrupted period of at least one year. Desertion does not necessarily mean physical desertion but constructive desertion as well. Constructive desertion means when a spouse does not physically leave the marital residence but they are no longer mentally or physically involved in the marriage.
You may file for a divorce if your spouse is convicted of a crime and is sentenced to imprisonment for one year or more.
A spouse that conducts physical, mental or sexual abuse against their spouse or any individual within the family household that can be charged with cruelty and this is considered grounds for a divorce in Virginia.
You may file for divorce on the grounds of insanity. To grant a divorce on this ground, the court will determine if the spouse termed as being insane is incurably insane and in need of constant care in a mental institution for three years or more.
For a fault based divorce in Virginia, legal separation is not necessary.
If you are unsure of the ground of divorce to opt for, speak to an experienced Virginia divorce lawyer right away.
Mr. Sris can advise you as to what grounds of divorce in Virginia you must use to get the best possible result based on the facts of your case.