Common Reasons People File for Divorce

Filing for divorce is a difficult decision, even when it’s the right one for your family. Virginia has relatively traditional divorce laws that recognize two types of legal divorce. The Commonwealth also offers both no-fault and at-fault divorces, further complicating the already emotional divorce process. If you’re confused by Virginia’s divorce system, you’re not alone. Let the compassionate Virginia family law attorneys at Culin, Sharp, Autry & Day P.L.C. help you understand your domestic rights.

Grounds for Divorce in Virginia

If you’re preparing to end your marriage, it’s normal to consider the common legal reasons couples decide to end their marriages. The Commonwealth still requires those wishing to divorce to provide legal grounds for their split. Though couples have the option of filing for a no-fault divorce, valid legal reasons to obtain an at-fault divorce in Virginia include the following:

• Adultery
• Felony conviction and resulting long-term imprisonment
• Cruelty or reasonable apprehension of bodily hurt
• Desertion or abandonment

The family law attorneys at Culin, Sharp, Autry & Day P.L.C. can review your case to see if the facts of your case fit the Virginia standards for a fault ground divorce. Couples may also agree to seek Virginia’s equivalent of a no-fault divorce if they’ve been living separate and apart for at least one year. Courts may reduce this to six months if the parties have no shared minor children and enter into a valid separation agreement. Living separate and apart is the most common legal grounds stated in final divorce orders in Virginia. 

Options for Ending a Virginia Marriage

Virginia law can be confusing because it provides for two types of divorce – a divorce from bed and board (a mensa et thoro) and a divorce from the bond of matrimony (a vinculo matrimonii). If a divorce from bed and board is granted, the parties are entitled to live separately but may not remarry while they are only divorced from bed and board. Spousal and child support can be granted by the court in a bed and board divorce. However, even a divorce from bed and board requires legal grounds such as cruelty or desertion.

After one year of separation, one or both parties may ask the court to merge the bed and board divorce into a final divorce.  A final divorce permanently ends the marriage and almost always includes decisions about property distribution and support.

Another option for recognizing the spouses’ separation without ending a marriage is “separate maintenance” which is similar to a divorce from bed and board in that it does not end the marriage or make decisions about property distribution, but the court can award support. ”Separate maintenance” requires that the filing spouse be free from “fault” such as adultery, cruelty or desertion.

Although rarely used, an annulment is another way of ending a marriage in Virginia. Grounds for annulment are limited. A marriage may be void from the beginning if one of the parties was married at the time the marriage took place, the parties are closely related by blood or adoption, or when one of the parties was under the age of 18 at the time of the marriage. A marriage may be voidable by the court because one of the spouses lacked the mental capacity to consent to the marriage, one spouse engaged in fraud or duress to force the marriage, or because one spouse hid his impotency from the other spouse at the time of the marriage. When an annulment is decreed by the court, spousal support and equitable distribution cannot be ordered because the annulment wipes out the marriage and it is as if the marriage did not take place. Experienced family law attorneys can help you understand your rights under Virginia law and guide you to the best option for ending your marriage.

Contact a Dedicated Divorce Attorney in Northern Virginia

If you need to file for divorce, you’re not alone. Virginia has a higher divorce rate compared to the national average. It’s important, however, not to rush the process. A dedicated family law attorney at Culin, Sharp, Autry & Day P.L.C. can help you understand your rights, lawful reasons for divorce in the Commonwealth, and the best way to dissolve your marriage. Contact us online or call (703) 934-2940 to schedule a Virginia divorce consultation with our dedicated legal team.