According to the CDC, the divorce rate in Virginia was nearly 3 in 1000 people in 2022.

Are you unsure how Virginia separation laws affect your situation? If you’re considering separation or divorce, understanding these laws is crucial to making informed decisions about your legal rights.

Join us as we take a closer look into Virginia’s separation and divorce processes, including the grounds for divorce, the types of divorces available, and the role of a family law attorney.

Virginia Separation Laws

In Virginia, separation is not a formal legal status, but it plays a key role in divorce cases. Separation allows couples to live apart while addressing their marital issues. During this time, they may still remain legally married, but the separation period is important for certain types of divorce.

In Virginia, the law does not provide a formal process for legal separation, unlike in some other states. Instead, couples may simply live separately, either by mutual agreement or due to the breakdown of their marriage.

During this time, couples can make informal agreements about child support, property division, and other matters. However, these agreements are not legally binding unless formalized in court.

Separation Period for No-Fault Divorce

One of the most common reasons couples live separately is to fulfill the separation requirement for a no-fault divorce. Virginia law requires that couples live apart for at least one year before filing for a no-fault divorce.

If the couple has no minor children and both agree to the divorce, the separation period can be shortened to six months. The separation period is an important factor in filing for a divorce without assigning blame to either party.

Grounds for Divorce in Virginia

There are several legal grounds for divorce in Virginia, and understanding these is essential when deciding how to proceed. In the state, divorces can be granted on both fault and no-fault grounds. Knowing the difference between these two categories is an important part of choosing how to file.

There are two types of grounds for divorce in Virginia:

  • No-fault grounds based on separation
  • Fault-based grounds that require proof of specific misconduct

No-Fault Divorce

No-fault divorce is the most common type of divorce in Virginia. It requires a couple to live separately for at least one year. The period can be shortened to six months if there are no minor children and both parties agree to a written settlement.

No-fault divorces do not require either spouse to prove wrongdoing, making the process generally less contentious. It’s important to remember that the couple must maintain separate households throughout this time to meet the legal requirements.

Fault-Based Divorce

In Virginia, fault-based divorces can be granted when one spouse can prove specific grounds. They include adultery, cruelty, desertion, or a felony conviction that leads to imprisonment.

Each of these grounds must be backed by evidence, making fault-based divorces more complex than no-fault cases. For example, proving adultery requires clear evidence, such as witness testimony or written proof. Fault-based divorces often result in longer and more contentious legal battles since the behavior of one spouse is at issue.

Divorce from Bed and Board vs. Divorce from the Bond of Matrimony

In Virginia, there are two types of divorces: divorce from bed and board and divorce from the bond of matrimony. Both options provide legal pathways for ending a marriage, but they come with different consequences and procedures.

Divorce from Bed and Board

Divorce from bed and board is a form of limited divorce. It allows the couple to live apart legally but does not fully dissolve the marriage. It option is often used when spouses want legal recognition of their separation but are not ready for a full divorce.

They remain legally married, which means neither spouse can remarry or claim to be single. It typically arises in cases involving fault grounds, such as cruelty or desertion. One of the primary purposes of this option is to protect property rights and establish legal separation without ending the marriage entirely.

Divorce from the Bond of Matrimony

Divorce from the bond of matrimony, on the other hand, is a complete and final dissolution of the marriage. Once granted, it legally ends the marriage, and both spouses are free to remarry. It can be based on both no-fault and fault-based grounds.

In cases of fault-based divorce, the court may consider the misconduct of one spouse when deciding on matters such as alimony or property division. Divorce from the bond of matrimony is the more common route when couples have decided to fully end their marriage and move on with their lives.

Both types of divorce serve different purposes depending on the needs and circumstances of the couple. While divorce from bed and board allows for legal separation without fully dissolving the marriage, divorce from the bond of matrimony is the final step toward moving on independently.

Role of a Family Law Attorney

A family law attorney plays a significant role in any divorce or separation process in Virginia. From the moment you decide to separate, having an attorney ensures that your legal rights are protected.

An attorney can help explain the legal complexities of the process, including filing paperwork, understanding your rights regarding property, and settling issues like child custody and support.

One of the most important reasons to have legal representation is to navigate the specifics of Virginia separation and divorce laws. They can guide you through the different options available, whether you’re pursuing a fault-based or no-fault divorce.

An attorney will also ensure that any agreements made between you and your spouse are fair and legally binding. Having this support reduces stress and gives you confidence that your case is being handled properly.

Virginia Divorce and Separation

Understanding Virginia separation laws is essential when going through a separation or divorce.

At Kearney, Freeman, Fogarty & Joshi, we’ve been serving Northern Virginia for more than 30 years. We’re experts in family law and we’re dedicated to providing the best representation for each case. We know that being a trusted law firm is vital for families in the area, and we’re here for you!

Get in touch today to find out how we can help with your case!