Submitted by: Anat Specht
When couples get married, there is only one thing that they are afraid to happen in their marriage life and that is Divorce. Divorce and legal separation are two thorny words for a Couple. However, despite the painful consequences of getting a divorce, why is it there are still a lot of couples who would run into it when worst cases happen in their marriage? In every place or country that practice divorce, they have distinct ways in filling for a legal separation. Divorce in Virginia is a total different from the other states or countries that allow divorce. Indeed, filing for a divorce in Virginia is never that easy. There are many factors that you need to consider and should never be neglected when getting a divorce in Virginia.. Getting a divorce or a legal separation may mean a big sacrifice in terms of your money, effort or time. In addition, if the couple has already a child or children, getting a divorce in Virginia could even become more stressful and time-consuming.
Getting a divorce in Virginia is laborious. There are many steps that you need to follow strictly and laws that you need to abide whole-heartedly. Your application for a divorce in Virginia can only be approved if you have passed Virginia Divorce standards.
When can a couple/ party file for a divorce in Virginia? There are six grounds that you need to consider before you can file for a divorce in Virginia.
1. One year of living separately and apart
Divorce in Virginia is also called no fault divorce. This is the most common grounds when filling for a divorce in Virginia. This means that both parties would have not been living together or they should have been living separately and apart with no sexual relationship for at least one year.
2. Adultery or any party has been proved to have committed extra-marital relationship.
Any party can only file for a divorce in Virginia if either the wife or the husband has had an extra marital affair within the past 5 years. Upon discovering about the adultery, both parties should stop living together. Although, adultery would take a longer time to prove in the court, thus; prolonging the process of divorce in Virginia.
3. If any of the party is proven to have been committed in serious crimes.
If your husband or your wife was proven to have been involved in serious crimes like murder, rape, burglary or any other criminal acts, then you can file for a divorce in Virginia.
4. Desertion and one year separation.
You can get a divorce in Virginia if your spouse has left you for no valid reasons and has not returned for at least one year. In this case, you should have been living separately as well you can get a divorce in Virginia.
5. Cruelty and abuse.
If your spouse has abused you verbally, physically, mentally and emotionally, and both parties have not been living together for at least one year, then you have the ground to file a divorce in Virginia
6. Six months of living separately and apart
This ground is only applicable if the couple has a child or children who are under 18 years of age. You can only file for a divorce in Virginia provided that both of the parties have a written property settlement agreement.
If you have passed any of these grounds, then you are qualified to file for an application of divorce in Virginia. However, there is a need that you have the proof that you and your spouse have lived in Virginia for at least six months before you can make an application for a divorce in Virginia.
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