No one enters marriage thinking about divorce. Happy ever after should be the rule but it isn’t always the case. Sometimes bad things happen and divorce becomes inevitable. Every state has their own divorce laws and regulations for proceeding with a legal separation and dissolution of marriage. Virginia divorce laws are basically divided into two types: “fault,” and “no fault.” Knowing where your individual circumstances fall in those categories will help you know the route you have to take and how long it will be before your divorce is final.
Fault Divorce
A fault divorce points fingers at the other party. Acceptable reasons for a “fault divorce” in Virginia are: adultery, conviction of a felony with a sentence of at least one year, desertion, constructive desertion, insanity, or cruelty (of any type). This can be traumatic for any children involved and parents should keep in mind what this type of divorce will do to the children involved. Older children can assimilate a fault divorce easier and are often well aware of what indiscretions or troubles exist in a marriage. If there are children in a marriage the state of Virginia requires a full one-year “cooling off period” represented by a legal separation. If there are no children then there is a six-month separation period required.
Most of the reasons for this type of divorce are self-explanatory except for cruelty and constructive desertion. In the state of Virginia cruelty can be not only physical but mental or emotional cruelty as well. Constructive desertion is where the blamed party has not left the primary residence but clearly is not a part of the marriage or acting in a manner befitting their role in the marriage.
The most important reason for filing for a “fault divorce” is to obtain a monetary award, or sole custody of children from the marriage. For those reasons “fault divorce” is usually a contentious matter
No Fault Divorce
In a “no fault” divorce neither part has to prove any wrong-doing on the part of the other person. This is the fastest and easiest method of divorce that also is easiest on any children in the family.
All that is required to obtain this type of divorce is a simple statement that there are differences that have become apparent during the course of the marriage that prevent the two parties from living together. Additionally there needs to be an agreement concerning the welfare of any children involved, and an agreed upon monetary settlement. The same waiting periods exist in the “no fault” category as in the “no fault” divorce category: six months if there are no children, and one year if there are children involved.
