As far as divorce is concerned, Virginia is a sort of tough state. We’re somewhat old fashioned in that we allow for both fault-based and no-fault based divorce; we also require a much longer period of legal separation compared to many other states nationwide. In order to finalize a divorce action in Virginia, you must...
Can I get divorced more quickly than 12 months?
Once you realize that your marriage is over, you want the rest of your life to begin as soon as possible. But many women don’t know where to start and what their first steps should be. So, what should you do? In Virginia, you are legally separated when (1) you form the intent to end...
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...
One disservice that I think fault-based divorce does for people who live in states – like Virginia – that allow for fault-based divorce is that it puts them in a frame of mind where proving that someone is to blame for the marriage ending is somehow important. I’ll be clear, right up front: divorce is...
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,...
Separation isn’t always the road to divorce. For some couples, probably for more couples than I even realize (because, let’s be honest, I have an unbalanced sampling), separation ultimately leads not to divorce but to reconciliation. That’s as it should be. I believe that women who want a divorce should be able to get one,...
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...
Is it time to separate? That may be a strategic question and not just an emotional one. In Virginia, we classify separate property as anything that was earned, purchased, or acquired before the marriage or after the date of separation. (We also include anything you inherited in your sole name, anything that was a gift...