What is no-fault divorce in Virginia?

Posted on Jun 21, 2011 by Hofheimer Family Law

If you’re considering divorce in Virginia, no-fault divorce may be one of your options. Most states offer no-fault divorce, either on its own or in addition to fault grounds.

What is no-fault divorce in Virginia?

In fault divorce, the partners have to state a reason or “grounds” for their divorce. Usually these grounds consist of adultery, cruelty, abandonment and more. No-fault divorce means you don’t have to state a specific reason for deciding to end your marriage.

Usually, in a no-fault divorce, the reason for divorce is listed as “irreconcilable differences” or “irreparable breakdown of the marriage.” People can choose no-fault divorce if their marital breakdown didn’t involve fault grounds for divorce or if they prefer to proceed with the divorce without placing blame.

Guidelines for No-Fault Divorce in Virginia

In order to be able to obtain a no-fault divorce in Virginia, you and your spouse need to have lived apart for a period of one year. While Virginia has no legal separation, this period of living apart exists to help you understand the seriousness of divorce and to prepare for your future.

In some cases, the waiting period can be reduced to 6 months if the couple has no children and they’ve drawn up a separation agreement detailing the divorce’s conditions, like division of property and spousal support.

Contacting a Virginia Divorce Attorney

Throughout your divorce proceedings, you’ll naturally have a lot of questions specific to your circumstances. Get your questions answered by requesting one of our FREE divorce guides for women, or reserving your seat at our monthly divorce seminar – 757-425-5200.

The Virginia divorce attorneys at Hofheimer Family Law Firm are committed to fighting for your rights, assisting in child custody disputes, and advocating that you receive everything you are entitled to and need in order to start your new life.