If one of the spouses is convicted of a felony and jailed for more than one year, the other spouse can file for divorce, provided there was no sexual contact between them after the sentencing.
Fairfax, VA – Virginia has one of the lowest divorce rates in the US, only 10%, while the national average is 11.42%, according to a 2021 report by the World Population Review. Divorce rates have been going down over the past decades, but that doesn’t change the pain a separating couple goes through. If there are family assets to divide and children to be provided for, the divorce may get quite messy, not to say downright acrimonious. If you want to avoid the extra headache and the bad blood, it is recommended that you contact the best divorce lawyers in Fairfax and let them help you negotiate an agreement.
To make matters even more complicated, in Virginia there are two types of divorces available. Let’s have a look at both options.
Divorce from Bed and Board
This is known as a partial or qualified divorced. The parties are legally separated from each other, but they cannot remarry. Such a divorce can be granted on grounds of abandonment and the breaking off of sexual relations. If one of the spouses leaves because they fear for their safety, they cannot be found guilty of abandonment and they can seek a legal separation on cruelty grounds. Note that Virginia law does not recognize mental cruelty as a valid reason for divorce. After one year after this type of divorce is granted, any of the two spouses can move to have it declared a full divorce.
Divorce from the bond of matrimony
Until recently, Virginia did not have a no-fault divorce. However, as of July 1, 2021, couples in the states can get a no-fault divorce, if both believe their marriage has come to an end and the bond of matrimony has been broken. If there are no children issued from the matrimony, the spouses can get a divorce after six months of being separated. If they have children, they will have to wait for 12 months. On the other hand, even if the spouses file for a no-fault divorce, when matters such as alimony are decided, the judge is free to attribute fault to one of them and this will affect the sum awarded. If you have reason to believe your ex might try to invoke fault at some point it’s best to have a good divorce lawyer on your side.
What are the main grounds for divorce in Virginia?
While the law may have changed to allow for a faultless divorce, you may still choose to file for a traditional divorce if the other party committed acts that go against the bonds of matrimony.
Adultery
To file for divorce on adultery grounds, the wronged party needs to present firm and convincing proof that the other party engaged in sexual relations of any type with another person. An experienced Virginia divorce lawyer can help you gather the evidence you need to support your allegations. There is no need to bring in eyewitnesses, but speculations and suspicions are not ground enough for this type of divorce.
Also, the guilty party can also get a lawyer and mount a defense and if the adultery charge is not clearly proven the divorce may not be awarded.
Conviction of a felony
If one of the spouses is convicted of a felony and jailed for more than one year, the other spouse can file for divorce, provided there was no sexual contact between them after the sentencing.
Annulment
This is a legal degree under which the marriage is declared void, but that’s rather difficult to obtain in Virginia. It has nothing to do with the duration of the marriage and you cannot invoke religious reasons. The only grounds for an annulment is entering into the marriage because of fraud or under duress.
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