In Virginia, as in many states, couples have the option of a “no-fault” divorce, which allows for a smoother, less adversarial divorce process by focusing on the dissolution of the marriage without assigning blame.
In Virginia, as in many states, couples have the option of a “no-fault” divorce, which allows for a smoother, less adversarial divorce process by focusing on the dissolution of the marriage without assigning blame. Here’s what you need to know about how no-fault divorce works in Virginia.
What is a No-Fault Divorce?
A no-fault divorce means neither spouse must prove the other’s wrongdoing to end the marriage. Instead, it allows couples to simply allege that the marriage is beyond repair with no realistic hope of reconciliation. This approach is distinct from fault-based divorces, where one party must show grounds for divorce, such as adultery, cruelty, abandonment/desertion, or a felony conviction.
No-Fault Divorce in Virginia
Virginia offers both no-fault and fault-based divorce options. To file for a no-fault divorce, you or your spouse must be a Virginia resident and meet the required separation period. Often, parties will already have agreements in place regarding property division, debts, and custody arrangements (if applicable) at the time of filing the Complaint for Divorce.
The separation period depends on the presence of children and agreements: if the couple has no children, they must live “separate and apart” without cohabitation for one year; with children and a signed separation agreement, they may file after six months.
Benefits of No-Fault Divorce in Virginia
- Less Hostility: Since no proof of wrongdoing is needed, no-fault divorces often proceed with less hostility, making the process more amicable and less stressful.
- Faster Resolution: No-fault divorces typically resolve more quickly and with fewer legal expenses without the need for lengthy court battles to prove fault.
- Enhanced Privacy: No-fault divorce keeps personal details about the marriage out of the courtroom, unlike fault-based divorce, which may require disclosing private matters publicly.
- Positive Co-Parenting: For couples with children, no-fault divorce reduces conflict, eases children’s stress, and supports a more cooperative co-parenting arrangement in the future.
Overall, a no-fault divorce can provide a more respectful and less complicated path to ending a marriage, preserving privacy, reducing costs, and often supporting a healthier transition into co-parenting when children are involved.
No-Fault Divorces in Virginia
If you have questions regarding divorce in Virginia, the family law attorneys at ShounBach are here to help. We handle a wide range of family law matters, estate planning, and other practice areas. Our firm has been recognized in Super Lawyers and the U.S. News list of Best Law Firms. Our office is in Fairfax, and we can assist individuals throughout Northern Virginia. Contact us today at 703-222-3333 or through our online contact form to find out what we can do for you.
