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Exploring different types of divorces in Virginia

On Behalf of | Jul 14, 2023 | Family Law

Divorce is never easy, but understanding the different types of divorces available can simplify the process. Virginia offers several types of divorces, each with its own set of conditions and procedures.

Choosing the right type of divorce will depend on your specific situation and the relationship between you and your spouse. Here is an overview of the types of divorces you might consider in Virginia.

No-fault divorces

In a no-fault divorce, neither you nor your spouse blames the other for the end of the marriage. Virginia law requires you to live separately for a specific time period before you can file for a no-fault divorce. If you do not have children and agree on property division, you only need to live separately for six months. If you have minor children or cannot agree on property division, the separation period extends to one year.

Fault-based divorces

In contrast, a fault-based divorce means that one spouse claims the other is to blame for the marriage’s end. Virginia recognizes several grounds for fault-based divorce, including adultery, cruelty, abandonment and imprisonment for a crime. It is important to note that you will need to have proof to back up your claims if you choose this type of divorce.

Contested divorce

A contested divorce occurs when you and your spouse cannot agree on the terms of the divorce. Issues might include child custody, child support, alimony and property division. Contested divorces tend to cost more, take longer and be more complex because the court needs to decide on these matters.

Uncontested divorce

On the other hand, an uncontested divorce happens when both spouses agree on all the divorce terms. It can be a quicker and less complicated process since there are no disputes for the court to resolve. Uncontested divorces can often occur through the process of mediation, where you and your spouse work together to agree on the terms.

By understanding the different types of divorces available in Virginia, you can make an informed decision that best suits your situation and can help ease the stress of this challenging time.