What are the grounds for divorce in Virginia?
There are only a few states in the US that allow “at-fault” divorces, and Virginia is one of those states that still does. What “at fault” divorce means is when one person in a relationship alleges that the other person is at fault due to misconduct, causing a breakdown in the couple’s marriage. In the state of Virginia, these “fault” grounds include the following:
- A felony conviction or confinement
- deliberate neglect
A divorce that is not based on any conduct is simply known as a no-fault divorce . One of the most common reasons for this is due to “irreconcilable differences” or, in other words, the couple can no longer get along, and they both agree that they no longer want to be together. That reason alone is sufficient explanation for a “no fault” divorce.
However, in the state of Virginia, its laws do not accept or recognize the above ground as an explanation for a “no-fault” divorce. Instead, couples can get divorced by showing that the two people have lived apart for a year. If no children are involved, this certain period of time is reduced to six months.
What constitutes cruelty under Virginia law?
Violence and the fear of it and what usually constitutes cruelty. It is important to show proof of any spouse who alleges cruelty, which can be as detrimental to a person’s mental state as it is to his or her physical well-being. To further reiterate, proof of at least a single vile incident must be sufficient to count as concrete evidence by the court.
What is Desertion under Virginia law?
Desertion means that one person in a relationship leaves or abandons their spouse on purpose against their wishes, and permanently. Proof is also required in the event of a dropout, this includes:
- The leaving individual is leaving his or her spouse with the intent and purpose of ending the marriage.
- There is no justification for that spouse to be abandoned.
- The fact that the spouse who was abandoned did not agree with the other person leaving, therefore, was against their wishes.
If both parties mutually agree to separation, it is not possible to plead desertion in court in the Commonwealth of Virginia. Do not agree to your spouse leaving if you know they are leaving and you do not agree with that decision. If you are the person who wants to leave, it is your priority to consult an attorney. Also, leaving the marital residence can still have some side effects and negative impacts, even if it is justified. Leaving affects property division, custody, alimony, determinations, and can also mean the loss of financial records and other valuable documents.
Can my desertion be excused?
Abuse by your spouse, or any act of misconduct that may cause you health problems or cause you to live in intolerable living conditions, justifies leaving the marriage if you wish.
What is constructive defection?
In the state of Virginia, it is possible to charge your spouse with “constructive desertion” if they have not abandoned the marital residence, but due to intolerable actions and misconduct, have abandoned the marriage itself. If the “innocent” spouse runs away home from an abusive or cruel relationship, the abusive spouse can be charged with “constructive desertion.” It is important to note that unless you are in danger, it is best to consult an attorney before leaving.
How long does it take to get a divorce under Virginia law?
In the state of Virginia, it takes a full year of separation between the two individuals to enforce a divorce based on abuse or cruelty. If it is a case of adultery, getting a divorce should be immediate, as long as proof and evidence is provided. If based on separation, the couple must be separated for a full year, or six months if no children are involved.
If you need a Virginia Divorce Lawyer to help you with your Virginia divorce case, call us at 888-437-7747. Our Virginia divorce attorneys can help. C