Virginia Divorce: Fault or No Fault Grounds
Virginia law provides several different grounds of divore. If you are considering divorce, it is important that you understand these grounds of divorce, and what you have to prove in order to finalize your divorce.
Virginia law requires you to satisfy one of several different grounds for divorce before you can file. These grounds can be split into two separate categories; fault based grounds of divorce and non-fault based grounds of divorce. Each grounds for divorce carries with it a separate waiting requirement and requires you to prove different things. What do you need to do in order to qualify for divorce in Virginia, and what do you need to know about these grounds of divorce?
Fault Based Grounds of Divorce
The first, and largest, category of divorce grounds is fault based grounds of divorce. Virginia law allows you to file for a divorce if one of the following issues are present; adultery, physical abuse, mental abuse, and desertion. Virginia law also requires that you provide clear proof that one of these grounds have occurred.
For example, with adultery, you must not only prove the identity of the other party, but you must also prove the date and location that the alleged adultery occurred. These burdens of proof make it difficult to pursue a fault based grounds of divorce in Virginia.
However, successfully pursuing a fault based grounds of divorce can impact how the court will handle property distribution and alimony. The more “at fault” the court views one of the parties, the more harshly they will be treated by the court. For example, committing adultery is generally a bar to alimony in Virginia.
No Fault Grounds of Divorce
This is a much smaller category of grounds for divorce. This category applies if you have been living separate and apart from your spouse for a period of time; either six (6) months or one (1) year depending on the facts of your case.
The benefit of a no fault based grounds of divorce is that you only required to establish the date of separation and that the parties have lived separate and apart for the required period of time. You must also show that the you and your spouse have divided all the debt and assets, and that the court is only required to finalize the divorce.
Why You Need a Lawyer for Divorce
A lawyer is essential in understanding the various things you have to prove in order to establish any given grounds of divorce. Furthermore, a lawyer can help you prepare your case to maximize your chances of success and reduce the delay of filing for divorce. Seek out a lawyer if you intend to file for divorce.
Virginia Divorce: What is Pendente Lite Relief?
What is pendente lite relief and how does it work? This article explores the concept of temporary relief after you file your lawsuit for divorce, custody, or support.
Divorce is an expensive and emotional process. When one spouse files for divorce, it may result in animosity and, in some instances, danger. Virginia law allows you to request that the court enter an order requiring your spouse to do certain things while the divorce proceedings are pending. Common examples of this type of relief include sole possession of the marital home, no derogatory language, a no contact order, or preliminary support.
So what is pendente lite relief and how does it work?
When to File for Pendente Lite Relief
A request for pendente lite relief can only be filed after a suit for divorce, support or custody has been filed with the appropriate court and the other party has been served with the lawsuit. You cannot file for pendente lite relief prior to your spouse receiving service of process. Service of process is typically accomplished by having the local sheriff deliver a copy of the Complaint and Summons to your spouse.
What Can You Ask For?
Virginia law gives you a wide array of things you can ask for with pendente lite relief. If you cannot afford to hire a lawyer because your spouse has denied you access to the bank accounts, a pendente lite order may require your spouse to open access to the bank accounts. If your spouse is abusive and you cannot afford to find a new place, the court has the power to require your spouse to move out of the marital home and grant you sole, exclusive use and possession. The court also has the power to enter a preliminary order deciding issues of custody and visitation.
How Long Does Pendente Lite Relief Last?
It generally depends on the court you are in. A pendente lite order is designed to protect the parties until the case has been fully resolved. However, the court has discretion to limit the length of any particular request or to modify its order during the pendency of the lawsuit.
Why You Need a Lawyer
A request for pendente lite relief requires a hearing on the merits of your case. A mini-trial will need to be held, witnesses must be produced, and the reasons for your requested relief must be provided to the court. Evidence and hearings are the most difficult part of the legal process, and a lawyer can help insure that you have provided the court with the appropriate types of evidence and documentation. Failure to hire a lawyer may result in your requests being denied or your evidence not being heard. Hire a lawyer to increase your chances of success.