In Virginia, what are the grounds for divorce?
Fault and no-fault divorce are considered grounds for divorce in Virginia . The grounds of fault 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 no longer get along and have irreconcilable differences. The law in Virginia can’t always tell if the married couple has irreconcilable differences, but it allows them to divorce if the couple is separated for a year or 12 months and they have minor children, and the separation will decrease to six months if the married couple signs an agreement of separation and have no minor children.
What is the meaning of desertion in Virginia:
If a spouse is found guilty of desertion, that means he/she left, deserted, or left his/her spouse with the intention of leaving permanently. However, it will not be classified as a desertion if the spouse left for a temporary time, such as taking a vacation.
How will desertion be proven?
For desertion to be proven, someone must prove that the desertion was against the deserted spouse’s wishes if there was no justification for the desertion by the deserted spouse, and that the defecting spouse’s intention was to end their marriage. Also, if the spouse agrees with her spouse’s choice of defection, then he/she will not be able to make an allegation about the defection later.
For a divorce to occur, what kind of proof does someone have to get?
For a divorce to be proven, it usually involves a person outside the marriage to prove faults. A detective is usually hired to prove that the husband of a married couple committed adultery. This detective is used to prove the “inclination and opportunity” that the spouse had. The inclination may be that the spouse has spent a night with someone other than her marriage, in a residence or room. On the other hand, you can also try a simple kiss or hug.
How long does it usually take to get a divorce in Virginia?
If a married couple is divorcing due to adultery committed by either spouse, the court must grant the divorce immediately if adultery is proven. Also, if separation is the reason a married couple is divorcing, then they must live separately for at least one year or 12 months. However, if the married couple has no minor children and they draw up a separation agreement, then only six months of separation is needed. Also, if a divorce is based on cruelty and/or desertion, then they must live apart for one year.
What does Venue mean in Virginia?
In which locality the case is filed and in which court the place is considered. The Circuit Court is the proper venue for divorce action in Virginia .
What is the required residence in Virginia to file for divorce?
If a married couple wants to divorce, the required residency for one or both spouses is at least six months.
If you need a Virginia divorce attorney to help you with your Virginia divorce case, call us at 888-437-7747. Our Virginia divorce attorneys can help.