No Fault Divorce Laws in Virginia:
The commonwealth of Virginia possesses a “no fault” divorce formally known as a voluntary separation. A no fault divorce Virginia typically means that you and your spouse have decided to separate after voluntarily and mutually agreeing that you no long want to live together as husband and wife. These proceedings are undertaken when you and your spouse see no hope for any sort of reconciliation. Under Virginia no fault divorce laws your spouse may not threaten or blackmail you into separating; you simply separate because you both want to start over and live without one another.
To procure a no fault divorce in Virginia you and your spouse must be separated. You cannot live under the same roof as one another without interruption, not even one day or night. You also, in the state of Virginia, are not allowed to cohabitate; not a single act of sexual intercourse can take place between you and your spouse for one year. Moreover, to receive a no fault divorce Virginia decree, you and your spouse must see no hope in reconciling. However, you must remember that if your situation is not mutual and voluntarily, you will be forced to use another ground for divorce in the state of Virginia.
There are two forms of no fault divorce Virginia: limited divorce and absolute divorce. Note: a limited divorce does not completely terminate your marriage.
Separation without Cohabitation:
In the state of Virginia, if your spouse wishes for a separation that you do not want, it is possible to file under this ground. The stipulation attached to separation without cohabitation is that your wait will be extended. To secure this type of no fault divorce Virginia, you and your spouse must be separated for at least two years. This does not mean that you and your spouse are not allowed to meet; however, it does mean that you may not partake in sexual relations with one another. If you spend a night with your spouse the waiting period resets and begins directly after your intercourse takes place. Sexual relations between you and your spouse are forbidden during this waiting period. The date of separation for this type of no fault divorce Virginia o the last day the parties existed as husband and wife. The period resets when you and your spouse live with each, have intimate relations or cohabitate.
Grounds for Limited Divorce in Virginia:
For those people who do not wish to obtain a full divorce, the state of Virginia recognizes and allows for “limited divorces.” The state of Virginia does not allow legal separations. A limited divorce in the state; however, is similar to legal separation. In essence, under this filing, you are still legally married but remain legally separated.
To obtain this form of divorce in Virginia, you or your spouse must have committed excessively cruel conduct, desertion or voluntary separation beyond any reasonable expectation of restoring the marriage. Virginia courts require that the parties partake in reconciliation efforts before granting this form of divorce.
Will I need a Lawyer for a No Fault Divorce?
The state of Virginia offers no fault divorces on the application for a termination of marriage. Again, to receive a no fault divorce Virginia the couple must be separated and without any cohabitation (without interruption) for one year. The other ground for a no fault divorce Virginia is being “separate and apart for six months.” It must be noted; however, that this ground may only be used if there are no children under the age of 18 born or adopted into your marriage and that you and your husband/wife have entered into a formal written property settlement agreement.