Virginia is one of the few remaining states that still allows for “fault” divorces. The Virginia “fault” grounds are statutory, and can be used to efficiently end a unbearable union. There are two types of “fault” divorces. This month’s post will focus on Divorce from Bed and Board
Does Virginia have “No-Fault” Divorces?
In Virginia, a “no-fault” divorce is achieved through complete separation for at least one year. During that time, there can be no cohabitation. A written separation agreement is helpful is drafted properly. It may even allow for quicker dissolution of the marriage for couple without children.
“Fault” Divorces: Divorce from Bed and Board.
For a “Fault” divorces, one spouse must convince a judge the other spouse has clearly done the alleged act. Additionally, “fault” grounds are controlled by Virginia law. That means the areas are well-defined terms that must be proven through the presentation of specific evidence. There are two categories of divorce in Virginia that seem very archaic. The effect of them are different, initially. After a year, both result in full legal divorce.
Divorce from Bed and Board is a court-imposed legal separation. The terms of the separation may be mandated by the court, rather than private agreement. Once ordered, the couple is legally separated. After a year from the date of separation, the court’s order can be merged into a full legal divorce, or a Divorce from the Bond of Matrimony.
Willful Desertion or Abandonment
Willful desertion is much more than a temporary separation or “cool off” period. To show willful desertion, a spouse must end cohabitation with the other, with the intent to desert and not return in the mind of the leaving party. This could be shown by conversations in writing or electronic communications, or conversation between the spouse and friends.
Cruelty and Reasonable Apprehension of Bodily Harm
Domestic violence is a scourge on any community. Virginia law allows an option for divorce based on physical abuse, or threats of violence. (This is even without a serious criminal conviction, which may be a grounds for full divorce.) The spouse alleging cruelty must show physical harm, or prove the offending spouse made threatening statements. Rude words or mental abuse is not generally not enough to show cruelty.
Seek helpful, experienced advice for your separation solution.
There is no one size fits all divorce options. Quick and easy, cheap divorce attorney options can leave gaps in your customized legal solution: alimony, custody, and property division are all important issues. A well-crafted separation solution can make all the difference. Experienced assistance crafting this solution can take the pressure out of the process. If you are facing any of these grounds of “fault” divorces, Call the attorneys at Peninsula Divorce Attorney’s to guide you through the difficult divorce legal process.