Evidence Required to Get a Fault Based Virginia Divorce

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...

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  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...

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  Not everyone has parents to go home to, but for the lucky few the siren call can be strong.  When things start to go badly in your marriage, it’s tempting to want to go back to a place of safety and security.  But can you just … leave?  Is it that simple? Well, hold...

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  Virginia is restrictive when it comes to divorce, just because of the waiting period required before you can even file for a no fault divorce.  Here in the Commonwealth, you have to be separated for ONE year before you can finalize a divorce using the fault based grounds of cruelty, apprehension of bodily hurt,...

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Can we reconcile and avoid Virginia divorce?

If you’re still hoping to save your marriage, you’re not alone.  In fact, that’s something I hear all the time.  One thing that I think is universally true is that every single woman who decides to get a divorce has to do everything she feels she has to do in order to try to save...

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Can I move out of the marital home?

Remember the ending scene in When Harry Met Sally?  Harry realizes he loves Sally and wants to be with her, and he says, “When you realize you want to spend the rest of your life with someone, you want the rest of your life to start as soon as possible.” It’s kind of like that...

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Are we legally separated?

  A lot of people have questions about legal separation, what it means, and when it actually begins. Oh, and also – why does it even matter? Being separated is important, because for most grounds for divorce (except for adultery, which technically qualifies you for an ‘immediate divorce’ – but don’t get excited, it won’t...

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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;...

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