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 do think that it’s entirely possible that you don’t really want to voice your particular reasons out loud and, in any case, that’s all perfectly fine.
In Virginia, you can get a divorce on either fault based or no fault based grounds. You may not need to state a specific reason for your divorce, but you will need grounds for divorce in order for the court to finalize it. That’s just a statutory requirement. But, though grounds may sound a lot like a “reason” for divorce, they’re really not the same thing.
In a fault-based scenario, you can use adultery (including sodomy and/or buggery), cruelty, apprehension of bodily hurt, desertion, abandonment, and felony conviction. Sure, those all sound like reasons for divorce (they are!) but bear with me.
A no fault divorce, on the other hand, doesn’t mean that there is no fault; it just means that you have decided to move forward without regard to fault. In a no fault divorce, your grounds are based on your period of separation.
In Virginia, you must be separated for a year before you can finalize your divorce (which is also true even in cases where you use fault based grounds, with the possible exception of adultery). The only way to do it more quickly is if (1) you have a signed separation agreement, and (2) you do not have any minor children who were born or adopted by the parties during the marriage. In that case, you can get a no fault divorce after just a six month separation.
Regardless, though, it’s the period of separation – one year or six months, depending – that makes up your grounds for divorce if you’re pursuing a no fault divorce. No reason is required beyond that.
It doesn’t make your divorce easier to use fault based grounds; in fact, it generally makes divorce more difficult because you’ll have to go to court, litigate, and prove that what you’ve alleged is true. Different fault-based grounds require different burdens of proof, so depending on what, exactly, you’ve alleged, you may have to jump through more hoops to prove it. Not only that, but these divorces tend to cost more and take longer to resolve. Since you’re litigating – arguing in front of the judge – you’ll also have a lot less control over the outcome, as opposed to a no fault divorce where you and your soon-to-be ex ultimately negotiate the outcome.
Divorce is one of those ‘choose your own adventure’ types of things. You can choose – or your soon-to-be ex husband can choose – to do things the easy way or to do it the much, much harder and more expensive way.
In general, the no fault divorce will always be cheaper, easier, and more quickly resolved. Plus, you don’t have to state your specific reason for ending your marriage.
For more information, to request a copy of our free divorce book or to register to attend an upcoming divorce seminar, give us a call at 757-425-5200 or visit our website at hoflaw.com.