Is it better for me to file using fault or no fault grounds for divorce?

  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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  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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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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Grounds for Virginia Divorce

My college roommate/best friend texted me this morning to ask whether, in my professional opinion, a recent transgression of her husband’s was grounds for divorce. She included a picture, of a bottle of syrup, with the name “Vermont Maid” proudly displayed across the bottle. I should probably also mention: my friend, Erin, is from Vermont....

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Fault Based Grounds for Divorce

Most people, at some point or other, really want to explore all of their options when it comes to divorce. For most people, too, that starts with carefully considering fault based grounds. They’re definitely appealing. For a lot of people, selecting from among the fault based grounds of divorce feels almost compulsory, if those grounds...

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