The divorce process

On Behalf of | Feb 6, 2015 | Family Law

In Virginia, to get a divorce in Roanoke, one party files a Complaint for Divorce with the Circuit Court. The other spouse is served with the papers and given time to respond. If the parties are in agreement about property and debt division, child custody and child support matters, the divorce can be finalized without a trial. If the parties can’t come to a Roanoke separation agreement, the court will set a future date for a hearing.

Divorce grounds

To get an absolute divorce in Roanoke, the spouse seeking divorce must prove one of the following grounds for divorce:

  • Adultery, including homosexual acts
  • Subsequent to the marriage, conviction of a felony and imprisonment for over one year
  • Cruelty, causing a reasonable apprehension of bodily harm with one year of separation
  • Willful desertion or abandonment for one year
  • Voluntary separation

In the case of a limited divorce, there are four grounds:

  • Cruelty- against the child of the complaining party and/or against the complaining party
  • Reasonable apprehension of bodily hurt
  • Desertion
  • Willful abandonment

Limited divorces are usually based on either willful desertion or cruelty.