The Grounds for a Virginia Divorce (Part A)

Filing for divorce is often an emotional and frustrating time. Whether your decision to file a Virginia divorce is based on recent events or is the result of a long struggle to save your marriage, it's important for you to understand under what grounds Virginia will grant a divorce.

When you choose the grounds for your Virginia divorce, you will also need to think about how you can prove those grounds in court - as you will be required to do. Speaking with an experienced Virginia divorce lawyer can help you decide which grounds for divorce best fit your situation and how you can defend those claims in front of a judge.

In Virginia, the grounds for divorce fall under 2 main categories, No-Fault divorces and Fault-Based divorces.

When you (or your spouse) files for a Complaint of Divorce with the courts, the grounds for divorce must be included. It is imperative to discuss your case with a qualified Virginia divorce lawyer prior to filing in order to avoid mistakes that may get your divorce complaint rejected.

Virginia No-Fault Divorces

Grounds for a Virginia No-Fault divorce include:

• Living separate and apart for 1 year - This means that you and your spouse have been living in separate residences for at least 1 year.
• Living separate and apart for 6 months - This option is only available to couples without any minor children (under the age of 18) either born or adopted into the marriage in addition to a separation or property settlement agreement.

While the long waiting periods may seem frustrating and unfair, they are intended to give you and your spouse enough time to decide if filing for divorce is really the best option for your marriage.

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