Divorce in Virginia
9/23/2024
There are various grounds for divorce, including adultery, cruelty, desertion, or voluntary separation for a statutory period. Here are the types of divorce in Virginia.
No-Fault Divorce. In Virginia, a no-fault divorce doesn’t require either spouse to prove fault. Instead, the couple can declare they have been separated for a specific duration. It’s either six months if they don’t have children or twelve months if they do. This period of separation is defined as living apart without cohabitation.
Uncontested Divorce. This form of divorce occurs when both spouses mutually agree on all significant aspects of the divorce. It includes child custody, child support, division of property, and spousal support, if applicable. Since there is mutual agreement on all matters, the process tends to be simpler and faster. It is less expensive compared to contested divorces.
Contested Divorce. This divorce occurs when spouses can’t agree on essential matters, such as child custody, asset division, or spousal support. In these cases, litigation may be necessary to resolve disputes. The court will decide on unresolved matters after reviewing evidence and arguments from both parties.
This type typically consumes more time, is emotionally taxing, and incurs higher costs than uncontested divorces. It may involve mediation or arbitration to settle disputes outside of court. That said, working with a lawyer to craft settlement strategies is wise.
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Manassas, VA 20110
