In Virginia, spouses are allowed one of two forms of divorce. The common one of these is the “absolute divorce”. This is defined as “the legal termination of a valid marriage”, which is a permanent dissolution of marriage, partners are permitted to remarry, and terminates property claims. It is also known as a “divorce a vinculo matrimonii”, which translates to dissolution of marriage from the bonds of matrimony. An absolute divorce could only be granted by a judge on one of three fault grounds or through a no-fault separation of at least one year or in the case if the spouses have no minor children, a six months no-fault separation.
Like a marriage, a dissolution of marriage also involves the three principal players, which are the plaintiff, the spouse, and the commonwealth. Along with other legal consideration, the partner filing the ending of the marriage are all variations has to give the commonwealth an acceptable reason that the spouse should be allowed to take apart. A dissolution of marriage is initiated by one partner, the plaintiff, filing a bill of complaint, which is legal paperwork. In order for the dissolution of marriageto be granted, the grounds for the divorce and show that the statutory and jurisdictional requirements have been met.
In the event of an absolute divorce, for the court to grant the absolute dissolve bonds of matrimony, there are five grounds.
1. If the spouse has executed one of the following acts:
2. If the spouse has a Felony conviction
- Has been convicted of a felony after a marriage
- Has been sentenced to no less than one year of confinement
- Is consequently confined
- The plaintiff do not resume cohabitation with your spouse after learning of the sentence
In the case of the grounds one or two, there is no specific waiting period and an absolute divorce may be granted at any time.
- If the spouse has committed acts of cruelty towards the plaintiff for instance bodily harm
- if endangering the plaintiff’s life, health or safety
- If the spouse has deliberately deserted or neglected the plaintiff.
- In the case of grounds three and four, an absolute dissolve bonds of matrimony may only be granted after not less than a year since the partner’s cruelty or desertion in accordance with the laws of Virginia. However, the plaintiff can file for a bed and board dissolution of marriage if one year has not passed yet. After one year has passed the bed and board could be incorporated into an absolute dissolve bonds of matrimony.
5. Voluntary separation
- If the spouses have lived separate and apart for six months, but only if they have no minor children and have signed a written separation agreement.
- If the spouses have lived separate and apart for one year and either have minor children or have not signed a written separation agreement.
In the case of the ground five, an absolute divorce may only be granted if the spouse and the plaintiff have lived separate and apart for the specific period.
Nevertheless, in Virginia, there must be “validate evidence” to confirm a ground for divorce, meaning a third person must testify to the fault or separation.