In Virginia, there are five grounds for divorce. Four of these grounds are considered “fault” grounds and the last is considered the “no-fault” ground for divorce.
No-Fault Divorce
A no-fault divorce is based on the fact that you and your spouse have lived separately and apart for a certain period. This type of divorce is simpler because it doesn’t require proving that either spouse is at fault. It’s often referred to as an “uncontested divorce.”
Requirements For Filing a No-Fault, Uncontested Divorce
To file a no-fault, uncontested divorce in Virginia, you must meet the following requirements:
- Either you or your spouse must have lived in Virginia for at least six months.
- You must have lived separately for at least one year if you have minor children (or six months if you don’t have minor children).
- You and your spouse must have signed an agreement settling all issues related to property, custody, and support.
B. S. Johnson Law, PLLC currently handles no-fault, uncontested divorces for a flat fee.
Fault-Based Divorce
A fault-based divorce, on the other hand, is more complex because you need to prove that the divorce is your spouse’s fault based on one or more of the fault grounds. These cases often involve disputes, making them contested divorces. Here are the ground for divorce in Virginia:
Adultery
Adultery is defined as sexual intercourse with someone that is not your spouse (Did you know that Adultery is a Class 4 Misdemeanor in Virginia)! Sodomy is oral or anal sex and Buggery is sex with animals. There is not waiting period to file for divorce if your spouse is guilty of adultery, sodomy or buggery.
Felony Conviction
When one spouse has been convicted of a felony and sentenced to more than one (1) year in prison.
Cruelty
When one spouse is guilty of putting the other in reasonable apprehension of bodily hurt, the innocent spouse may obtain a divorce after a period of one (1) year following the date of the act.
Abandonment
When one spouse is guilty of abandoning the other (this includes moving out of the marital home), the innocent spouse may get a divorce after one (1) year.
*****Defending Against Fault-Based Allegations in Divorce: Keep in mind that your spouse will likely dispute your claims using common defenses in divorce cases and may even accuse you of being at fault.
Frequently Asked Questions
1. How long will a no-fault, uncontested divorce take?
The entire divorce process can take anywhere from a few weeks to months depending on the pace of the client and the client’s spouse. If you and your spouse agree on all aspects of the divorce and complete all of the necessary paperwork correctly and in a timely fashion, the divorce process will be completed the fastest.
2. I live in Virginia, but my spouse lives out-of-state, can I still get an uncontested divorce? What if I don’t know where my spouse is located?
Yes, it is possible to get a divorce if your spouse lives out-of-state as long as your spouse is willing to sign the necessary paperwork. If your spouse doesn’t complete the paperwork or your spouse’s location is unknown, you may still get a divorce if there aren’t any other issues to be decided by the court.
3. My spouse is incarcerated, can I still get an uncontested divorce?
In many cases, it is possible to get a divorce if your spouse is incarcerated. However, the steps to get a divorce aren’t as straight-forward and may get a little tricky if you’re handling the process alone. It would definitely save you a lot of time, money and frustration if you hire an experienced divorce attorney. We are very familiar with the divorce process when one spouse is incarcerated and definitely could help.
