From the outset, let me be clear: you don’t need a reason to end your marriage. If you want a divorce, you can get one. No fault on either party’s part is required. That’s not to say, of course, that no fault exists. I don’t think anyone ends their marriage for no reason. But I...
Virginia Grounds for Divorce
If you’re here, you probably already know that you have to be separated for one year to get a divorce in Virginia. The only two exceptions are if (1) you have a signed separation agreement, and (2) you have no minor children born or adopted by the parties of the marriage, and if (and this...
You probably are familiar with the burden of proof required in criminal cases – beyond a reasonable doubt. It is the highest burden of proof possible under the law, and it’s a fundamental component of American justice. You are innocent until you are proven guilty, and you must be so guilty that there is not...
One of the unique things about Virginia when it comes to divorce is that we still allow fault based grounds for divorce! Over the years, many states have modernized to the point that they only allow no fault grounds, but we’re one of the few holdouts. We still allow adultery (as well as sodomy...
Once you (and your spouse) have made the decision to divorce, you start to worry. How long is it going to take? How much is it going to cost? Will I have enough money to survive on after this is all done? In most cases, the tensions escalate before they deescalate, and there’s a...
I talk about adultery a lot. To be fair, it comes up a lot. As far as fault based grounds for divorce go, adultery is probably the single most common. There’s no one, single, specific path that “every” divorcing woman takes. A divorce is a journey, and it’s one that can take a LOT...
Sometimes, I feel really technical when I talk about adultery. I say when someone “commits” adultery, and I always feel weird about it, because that’s not how people talk. And I often get questions about exactly what it means, which is understandable – it’s a technical term, like cohabitation and equitable distribution. Lawyers use it...
Though I’ve only ever practiced family law in Virginia, I’m pretty sure that everywhere – Virginia included – requires grounds in order to finalize a divorce. In Virginia, those grounds can be either fault based or no fault based. Whether you choose to file on fault or no fault depends, of course, on the facts;...