There have been several instances where the parties go to court without actually understanding how the Virginia divorce laws apply to their specific case. Before going to the court, you need to know how the divorce laws will apply to your case.
Divorce is the legal dissolution or termination or end of a marriage between married couples.
Most Virginia divorce cases are resolved via a mutual agreement on the division of the obligations of the married couple.
The Virginia divorce laws resolve the following issues:
When applying for a divorce in Virginia, you need to know the following:
In Virginia, monogamy is the form of marriage enforced by law. It means a person can be married to only one person at a time and cannot have multiple spouses at the same time.
- Uncontested divorce: In this type of divorce the spouses agree on the terms and conditions of the divorce without any interference from a court of law. An uncontested divorce will happen in a no-fault divorce where the spouse filing for divorce has no proper reason to divorce;
- Contested Divorce: In a contested divorce, the spouses do not reach an agreement on the legal terms and conditions for divorce and needs the interference of the court. Such legal terms and conditions that cannot be agreed on include but not limited to terms such as spousal support, child custody, child support, a division of property, etc. The contested divorce is generally a fault divorce where the spouse filing for divorce has a valid reason to do so.
There are two types of grounds for a divorce recognized by the courts in Virginia. The following are the two primary grounds for it:
- A fault divorce: You can file a fault divorce if you have a proper reason for it. This means the reason is included in one of the grounds mentioned in the Virginia divorce laws. These grounds include adultery, cruelty, desertion, etc.
- A no-fault divorce: In cases of no-fault divorce, you need not have a proper reason to file for divorce. This is usually done with the agreement of both parties of the marriage.
It is critical that you be aware of the different divorce laws in Virginia before filing for a divorce. Having a Virginia divorce lawyer, proficient in different Virginia divorce laws can have a big impact on your case.