Divorce from the bond of matrimony requires reasons and grounds on which are claimed by any one or both the parties to ask for the decree of divorce. But most of the people don’t know completely about the implication of the family laws in case of divorce due to which they may face certain challenges or breach of their rights from the other party or may be trapped in the case due to the unawareness about the laws. Divorce is the legal action that can annul the marriage but Virginia Family Law requires certain grounds on which a person may file a case or demand for a divorce. And the case will be perceived to be insignificant if the demanding person fails to provide sufficient evidences or grounds for his demand of divorce. According to the Va code 20-91, “Grounds for divorce from bond of matrimony”, a person can file a divorce as a “No-Fault Divorce” or “Fault Divorce” and each of the two types have extensive merits and ramifications which are discussed in this section.
This type of divorce may be filed or decreed when a couple has been separate or living apart for more than one year. However, the period of one year may be reduced under the following conditions
- If both the parties have agreed on a property settlement or separation agreement
- If there are no minor children from the marriage
- If at least one or both the parties have declared or have intention of the separation to be permanent
- If the husband and wife are living separately for more than one year (with children) or for six months (no children) or any one of them have intentions to do so, and there is no any cohabitation between them since they are apart, then the divorce will be decreed upon them on the basis of their separation.
This type of divorce is based on one or more reasons which are claimed by any one of the party on the other one. Fault divorce usually impacts on the financial agreements and the time required for the dissolution of marriage. Va code 20-91 mentioned the grounds of divorce which include;
- If any one or both the parties found to be involved in adultery, sodomy or buggery but the evidence must be convincing and clear.
- If the other party is involved in cruelty, bodily harm, abandonment the other or caused reasonable apprehension of body hurt.
- If any of the party is found to be incarceration for felony for more than one year and cohabitation hasn’t been resumed after confinement.
There are several reasons for a divorce that can be beneficial too for a person who wants to seek divorce in The Commonwealth of Virginia. When the fault type of divorce is filed, it poses an impact on the financial outcomes and the dissolution of marriage. However, aggressive legal representations are vital to ensure the rights of a person in case of fault-base divorce.