In 1960, Virginia introduced its first experiment with "no fault" divorce, requiring separation for a three year period. The original intent of the statute was to recognize in law those marriages which had ceased to exist in fact. thereafter the separation period has been gradually reduced to as low as six  months for couples with no minor children who have settled their property in writing. Nowadays, no fault refers to the fact that the divorce is obtained on the basis of having lived apart for the statutory period without pointing out which party is "responsible" for the break up.

The complexities  of family law, coupled with he emotional trauma and tensions associated with separation and divorce make it difficult for you to make objective decisions at a time when life-changing decisions are required. An experienced, seasoned attorney with a background in counseling and negotiation and a specialized knowledge  of  family law can assist you in navigating the stormy waters of separation and divorce. It has been said: "In the multitude of counselors is wisdom" and "Every purpose is established by counsel; by wise counsel wage war."  When faced with separation or possibly dissolution of your marriage and family, one of your counselors should be an experienced family law attorney.

Attorney Virginia Dante Perry has been advising and guiding individuals in matters of separation and divorce for 30 years. She has written two special reports that you need to read, if you are reading these FAQs, Why You Need a Good Divorce Lawyer and How to Choose a Good Divorce Lawyer. These special reports are available to you free, just for visiting our website. Go to the Library page (OR click here) and use the special button on that page to order these free publications. If you are facing separation and divorce, you  can't afford not to read these informative reports.

If my spouse and I agree on divorce, can we do it ourselves?

If you know what to do and how to do it, you might be able do it yourself. However, Virginia divorce law is not user friendly to non-attorneys. Furthermore, Attorney Perry has stepped in to help many people who have tried to use the on-line "do-it-yourself" divorce systems only to find they don't know enough to get it done; they don't know how to use the documents that they have bought. In short, they still need legal help. If you have been separated for a year or more and both of you agree to the divorce, you could qualify for our $499 VA Divorce Special. If you qualify the divorce is fast, easy and affordable. And we take care of everything for you. If you don't qualify for our special, you should probably have a lawyer any way. After all, how much are your kids worth? What is it worth to get your fair share of assets?  How can you know what share is a fair share?

Yes. You or your spouse must have been a bona fide resident and domiciliary of Virginia for at least six months before filing for divorce in Virginia.

There are two types of divorce in Virginia. A bed and board decree is a partial or qualified divorce under which the bond of marriage is not entirely dissolved. Under this type of divorce, the court decrees that the husband and wife are to live perpetually separate in their persons and property.

They are divorced for most purposes, but the bond is not completely severed. Neither party is free to marry another person or to engage in sexual relations with another person. such a marriage would be bigamous and such relations would constitute adultery. On the other hand, in the event the couple should reconcile and resume cohabitation, they may petition the court to dismiss the divorce and resume cohabitation without a second wedding ceremony.

You need a divorce from the bond of matrimony, which fully dissolves the bond of marriage and re-establishes the individual as single such that he/she may marry again.

Yes, even if both husband and wife agree on a divorce, grounds or legally prescribed reasons must exist and be proven to the satisfaction of the court.

Virginia does not recognize "irreconcilable differences" as a ground for divorce. That does not mean that you cannot end your marriage if you find you  and your spouse are incompatible. It does mean that you will have to separate and live apart for the statutory period before filing for divorce.

The grounds are willful desertion or abandonment or cruelty and reasonable apprehension of bodily harm. Desertion is a unilateral cessation of cohabitation with an intent to remain apart permanently in the mind of f the offender. Separation by mutual consent is not desertion. On the other hand, if a spouse is forced to leave by the cruel acts of the other, he or she is not guilty of desertion and may be awarded a divorce upon the ground of cruelty.

Acts that tend to cause bodily harm and render cohabitation unsafe constitute the ground of cruelty. If the conduct of a spouse is so outrageous as to harm or endanger the mental or physical health of the other spouse, this can amount to cruelty sufficient to establish grounds for divorce.

The grounds for an absolute divorce dissolving the bond of matrimony are:

• adultery 
• desertion or cruelty after a one year separation
• sentence of imprisonment for a felony for more than one year
• separating with the intent to remain apart permanently and living apart for one year
• where there are no minor children and the parties have a written property settlement,       six months of living apart

Adultery occurs when "any person, being married, voluntarily has sexual intercourse with any person not his or her spouse."  The proof need not be "eyewitness" testimony and may be circumstantial. However, proof of adultery must be "clear and convincing." This is the highest standard of proof in the civil law. The court has said the proof must be "strict, satisfactory and conclusive." Suspicious circumstances are not enough. The circumstances which establish adultery must be such as to "lead the guarded discretion of a reasonable and just man to a conclusion of guilt."

Sexual acts other than intercourse, such as oral or anal sex may also form the ground of divorce, if committed outside of marriage. The standard of proof is the same as for adultery.

Yes. Defenses to a charge of adultery include condonation or forgiveness\ness of the act by cohabitation after knowledge of the act, procurement or connivance by encouraging or making it possible or entrapping the spouse. Where this is shown, no divorce will be granted on this ground. The petitioning spouse must be innocent of wrongdoing. Impotency is another defense to this ground. Finally, there is a five year statute of limitations such that the act must have occurred within five years of the petition for divorce.

No. You must be separated for a year or more, if there are any minor children born or adopted of the marriage.

In order to get a no fault divorce upon the ground of six months' separation, you must have a written signed property settlement. It can be a simple written statement that each of you retains the property in your respective possession and/or that there is no property acquired during the marriage. It should be signed and dated by both parties.

If you have been separated for more than one year, it is not necessary to have a written property settlement. However, having settled issues like property, support and custody can make the divorce faster and easier to obtain, provided no one is in violation of the terms of the settlement.

It can be a way of taking control and arriving at a resolution that works uniquely well for your family. By law, spouses may agree between themselves upon resolution of issues, rights, duties and obligations arising out of the marriage and separation. Agreements may include such matters as division of property, division of debt, spousal support, payment of attorney's fees for separation and divorce. Provision may also be made for anticipated future need, such as children's college expenses, provision of life insurance. There can be a provision for mandatory mediation of disputes before going to court. Provisions dealing with spousal support are binding upon the parties and may not be altered by the court, absent legal basis to rescind or modify the contract. The contract may provide for modification of spousal support, but if it does not provide for modification of spousal support, then support may not be modified absent a legal basis to rescind the contract.

The possibilities for contract terms are more varied and flexible than the remedies available from the court. You can do by agreement things that the court in dividing marital property and adjudicating your rights may not be able to do.  

In filing for divorce, you may also request a determination of custody, child support, visitation rights, equitable property division, equitable division of marital debt, temporary spousal support, lump sum spousal support, permanent spousal support, rehabilitative spousal support and or ratification of your separation agreement, if any. Relief may also include judgment for money owing or judgment for damages for civil wrongs or a request for enforcement of a contractual provision in the property settlement.

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