Divorce Lawyer in Stafford, VA

Divorce

Outside of criminal cases, there are few legal matters more stressful and emotionally charged than divorces. How involved and costly a divorce can become is heavily influenced by the grounds for divorce. Virginia recognizes the following grounds for divorce:

1. Adultery: A divorce based on adultery can be pursued immediately if there is sufficient proof of extramarital affair occurring. Unfortunately, obtaining sufficient proof can be a difficult task as Virginia requires proof by “clear and convincing evidence.” However, adultery can have a significant impact on the provisions of the final divorce decree (e.g., spousal support) if proven.
2.  Cruelty: Divorce based on cruelty requires sufficient proof of a spouse’s “cruelty or reasonable apprehension of bodily hurt.” This can mean physical acts of violence against the other spouse or even verbal abuse in certain circumstances. As with divorces based on grounds outside of adultery, there is waiting period (one year) associated with divorces based on cruelty from when the act of cruelty occurred.
3. Desertion: Desertion is applicable only when a spouse decides on their own to either break of matrimonial cohabitation or refuses to engage in sexual intercourse (without justification) while abandoning their other marital duties (e.g., support of the other spouse). When there is proof of a desertion, the divorce cannot be filed until a year after the proven start date of the desertion.
4. Separation: There is no such thing as a court-ordered separation in Virginia as there are in other states. Instead, when a married couple can show they have lived separate for a period of either six months (if there are no minor children) or a year (if there are minor children) and have agreed to the terms of their separation (i.e., a separation agreement), either spouse may initiate a divorce based on separation.

A divorce can be filed on multiple grounds, and there is flexibility to modify a divorce complaint to add or remove grounds.

Even in cases where both spouses initially agree to ending the relationship on amicable terms (i.e., an uncontested divorce), there is always a possibility that tensions flare as divorce progresses, leading to a drawn-out court process. Our office is here to help you with understanding what option is most appropriate for your unique circumstances. Set up a consultation today to learn more.