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Divorce Basics - Grounds for Divorce in Virginia
The holidays should be a joyous time. But after a rough holiday season, many people follow New Years' optimism and decide to end their marriages and begin anew. Learn more about the basic grounds for divorce in Virginia.
December 09, 2011 /Human Resources PR News/ -- The holidays should be a joyous time. It is a time for families to spend time together and create life-long memories for children. Unfortunately, people mired in troubled relationships often use this time to reassess their priorities, as well as their marriages. After a rough holiday season, many people follow New Years' optimism and decide to end their marriages and begin anew. It is no surprise that more divorces are filed in January than any other month of the year.
While considering divorce, people may have the wrong impression about how the process works, especially the legal grounds for terminating a marriage. The basic grounds for divorce established under Virginia law are quite straightforward.
Before a divorce may be granted, there must be legal grounds (valid reasons established by law) for terminating the marriage. Under Virginia law, two types of divorce are recognized: divorce from bed and board, and divorce from the bonds of matrimony.
Divorce from bed and board
A divorce from bed and board is akin to legal separation. A husband and wife are legally separated, and may file taxes as such. However, they are not allowed to marry other people while under bed and board divorce. The reasons for seeking this type of divorce may vary. Some do so for religious reasons, while others believe that reconciliation is possible. Ultimately, a person seeking legal separation must prove one of the following grounds.
Willful desertion or abandonment
Desertion or abandonment involves one spouse leaving the home, with an intent to desert the other spouse. Spouses simply choosing to separate is not considered desertion. Also, if a spouse leaves because the other has acted cruelly or committed an act of domestic violence, the spouse who leaves cannot be guilty of desertion.
Cruelty and reasonable apprehension of bodily harm
A spouse can also seek a bed and board divorce based on cruelty and reasonable apprehension of bodily harm. There is an important distinction between these two elements, for many people considering divorce have a tough time living with their spouse. Mental cruelty alone is usually not sufficient in granting a divorce. Rude words and verbal abuse do not support these grounds because many couples have disagreements that do not lead to separation. Also, courts would be inundated with bickering couples using the justice system to prove their respective points.
Threats of violence or physical acts that make cohabitation unsafe can be considered. Spouses should not be required to file for divorce in order to leave an abusive situation. In fact, a spouse who leaves may be awarded a divorce on the ground of cruelty or constructive desertion.
Divorce from the bonds of matrimony
Conversely, a divorce from the bonds of matrimony constitutes a full and complete divorce where the parties do not intend to reconcile. Parties released from the bonds of matrimony may remarry. Also, a divorce from bed and board may be merged into a final divorce if the parties have been separated for at least one year. This also may apply if a spouse has been convicted of a felony and is imprisoned for more than one year. The other spouse may seek a divorce based on the time the convicted spouse will be away.
"No Fault" divorce
Traditionally, divorces were granted when a petitioning spouse established fault (e.g. some type of misconduct by the other spouse recognized by law). However, Virginia law no longer requires "fault" to be proven, even though it may be considered for purposes of property division, spousal maintenance or child custody determinations. A "no fault" divorce from the bonds of matrimony may be awarded upon a showing that for more than one year the husband and wife both intended to, and have continuously lived, separate and apart without any cohabitation. This period is reduced to six months if the parties have entered into a settlement agreement resolving all property and support matters, and there are no minor children born of the marriage or adopted by the parties.
Other grounds for divorce - adultery
Adultery is one of the most common traditional grounds for divorce. Since proving adultery is very fact-specific, conclusive evidence is required that the other spouse engaged in sexual relations with another person. The reality is that most adultery cases are proven without eyewitness testimony, courts may consider other circumstantial evidence to prove that such acts may have occurred. Usually, having sex with one's spouse after knowledge of their adultery forgives or waives the adultery ("condonation").
If you are contemplating divorce and have questions about property rights, child custody and other legal issues incident to divorce, an experienced family law attorney can advise you.
Article provided by Law Office of Raymond B. Benzinger, P.C.
Visit us at www.benzingerlawfirm.com
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