Legal Basis for Divorce in Virginia: Richmond Attorneys Explain

Legal Basis for Divorce in Virginia: Richmond Attorneys Explain

Divorce is a complex legal procedure, and understanding the exact reasons for divorce is critical to navigate it. Virginia allows divorce on both fault-based and no-fault grounds. Richmond lawyers explain the legal complexities to help people understand the requirements for dissolving a marriage in the Commonwealth.

Virginia allows for "no-fault" divorce based on separation. Couples can seek for divorce without assigning fault to either side if they have been living separately without cohabitation for a set period of time. In Virginia, this term is usually one year if the couple has no children, or six months if there are minor children involved, and a separation agreement has been established.

Fault-Based Divorces: Alternatively, a fault-based divorce can be sought, in which one side claims that the other is to blame for the marriage's failure. Adultery, cruelty, desertion, or a criminal conviction with a more than one-year incarceration sentence are all fault grounds in Virginia. Proving fault may have an impact on property allocation, spousal support, and child custody decisions.

To prove adultery, the accuser must offer clear evidence of the extramarital encounter. This can be text messages, emails, or witness testimony that backs up the claim.

Cruelty as a basis for divorce requires establishing that one spouse's actions jeopardize the other's life, limb, or health. This could involve instances of physical or emotional abuse, with medical records, images, or witness testimony used as evidence.

Desertion happens when one spouse leaves the marital home without justification or consent from the other. Proving desertion entails demonstrating a purposeful intent to end the marriage, usually by witness accounts or documentation of the departure.

A spouse can file for divorce if their partner has been convicted of a felony. The incarceration must be for more than one year, and the innocent spouse must not have cohabited with the guilty defendant later.

Understanding these legal reasons for divorce is critical for anyone considering or going through the divorce process in Virginia. Seeking legal assistance from knowledgeable divorce lawyers richmond va can help people make informed decisions based on their specific circumstances. Divorce can be difficult to navigate, but with the appropriate information, people can move forward with confidence.