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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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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I follow up with women who’ve had consults with us – with any of our attorneys, not just the ones who meet with me – after their appointments, just to make sure that they got their questions answered in the appointment. I find that, in a lot of cases, they either forgot to ask something,...

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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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In Virginia, you often need a corroborating witness in your divorce case. You can use a corroborating witness for all sorts of things, but usually its related to providing that your grounds — whether fault or no fault – are proven to the satisfaction of the judge. It’s not enough for you to testify to...

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