Divorce is never an easy option, emotionally or logistically, but some couples choose a route to Virginia divorce that is an alternative to a drawn-out, contentious courtroom battle. Those Virginia couples may find that a Virginia No-Fault divorce can reduce some of the stress and turmoil involved in a Fault-Based divorce.
What is a No-Fault Divorce?
In a No-Fault divorce, you are not required to prove that there was any wrong-doing by your spouse.
Unlike a Fault-Based divorce, a No-Fault divorce does NOT require:
No-Fault Divorce vs. Fault Divorce
Not all states allow for Fault divorces, whereas every state recognizes a No-Fault divorce. A woman can pursue a Fault divorce in Virginia only if she can prove that her husband violated the marital contract in one of the ways recognized under Virginia divorce law.
With a No-Fault Virginia divorce, you are not required to demonstrate marital misconduct, such as cruelty (abuse) or infidelity. This eases the burden for most women seeking divorce, as the standards for evidence are quite rigorous and the process can be very emotionally and financially exhaustive as well as time-consuming.
A No-Fault Virginia divorce does come with a few caveats. There are very strict timeframes and requirements in order to achieve a successful No-Fault divorce in Virginia.
Though both parties do not have to consent - i.e. your husband does not have to agree to "grant" you the divorce - you and your spouse will be required to follow the steps spelled out in Virginia No-Fault divorce law.
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Charles R. Hofheimer View lawyer's profile |
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