VIRGINIA DIVORCE LAWS
A PRIMER ON VIRGINIA DIVORCE
Virginia divorce primer by a Virginia divorce lawyer
Divorce a vinculo matrimonii
There are two types of Virginia divorces. Pursuant to Virginia Code section 20-91, “divorce a vinculo matrimonii” is the term used in Virginia for a divorce that is based on fault grounds or on the basis of living separate and apart for the statutory time period. Generally, the first step in Virginia for a divorce a vinculo matrimonii is for one of the parties to leave the marital residence and then file for divorce. When a person files for a divorce in Virginia, they will have to decide whether they are going to file for a fault based divorce or not. Usually, a person who files for a Virginia divorce based on fault grounds will file based on one or all of the following factors:
- adultery, sodomy or buggery
- actual or constructive desertion
- cruelty
However, just because a person files for a divorce in Virginia based on any of the above does not mean that they will get a fault based divorce in Virginia. The level of proof required to obtain a fault based divorce in Virginia is preponderance of the evidence except for adultery. The level of proof necessary to get a divorce in Virginia based on adultery is clear and convincing evidence.
Divorce a mensa et thoro
When one party leaves the marital residence and files for a Virginia divorce, they will usually file for “divorce a mensa et thoro” pursuant to Virginia Code section 20-95. This is also called a divorce from bed and board by the Virginia divorce courts. The only basis for this type of divorce in Virginia is cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment. If a party in Virginia files for this type of a Virginia divorce, they will usually seek pendente lite relief. This is Latin for relief pending litigation. When filing for pendente lite relief or defending against the same, it is very important to retain a Virginia divorce lawyer who is extremely knowledgeable and skilled at handling Virginia divorces.
If you seeking a divorce in Virginia or have been served with papers for a Virginia divorce, you must take it very seriously. A person facing a divorce in Virginia can loose a lot, including their property, child or children and other marital rights if they take a Virginia divorce action lightly. Therefore it is critical to act quickly if you are contemplating a Virginia divorce action or defending against a divorce in Virginia.
Our offices in Virginia are in Northern Virginia, Central Virginia, Hampton Roads/Tidewater Area and Western Virginia.
Our retainers (fees or costs to hire a Virginia divorce lawyer) for a contested divorce action in Virginia are usually a minimum of $2500.
Contact us if you need our help and we will talk with you and discuss what steps we need to take to help you with a divorce in Virginia. You can call us for help at 888-437-7747 or contact us on line.
