Whenever individuals are looking to file a divorce in Virginia, they have the choice of two options – fault or no-fault. So in this blog, we’ll be examining the details that separate these two forms of divorce, the use cases as to why someone would choose a no-fault vs. fault divorce, and what may be best for you.
Of course, a helpful Manassas divorce attorney like those at Collins Family Law would be happy to help you understand your divorce options and which might be best suited for you. Get in touch with us by calling (703) 691-5272 or book a free, no-obligation case review and consultation online today.
Two Types of Divorce in Virginia
In Virginia, there are two types of divorce: fault and no-fault. The core difference between these two is if one or both parties are assigned responsibility for the reason the marriage broke down.
What Is a Fault Divorce?
Like many states, Virginia recognizes fault-based divorces, which are more challenging to obtain. In a fault divorce, one spouse must prove that the other spouse’s misconduct — such as adultery, cruelty, or abandonment — caused the marriage to fail.
What Is a No-Fault Divorce?
In Virginia, a no-fault divorce simplifies the process by not requiring either spouse to prove the other’s wrongdoing. Instead, the couple only needs to declare that the marriage has irretrievably broken down due to irreconcilable differences. This approach generally allows for quicker and less complicated divorce proceedings compared to fault-based divorces.
What Is Needed To File for a No-Fault Divorce in Virginia?
In Virginia, the requirements for initiating a no-fault divorce vary based on whether the couple has children. Here’s a simplified overview of the stipulations:
- Couples without Children: Must live separately for a minimum of six months and must have a signed separation agreement.
- Couples with Minor Children: Must live separately for a minimum of twelve months before they can begin the divorce process.
What Are the Benefits of a No-Fault Divorce in Virginia?
A no-fault divorce in Virginia offers several benefits that can make the divorce process smoother and less contentious. Here are some key advantages:
- Reduced Conflict and Stress: Since no-fault divorces do not require proving wrongdoing by either spouse, there is typically less conflict and emotional stress involved. This can be particularly beneficial in maintaining more amicable relationships post-divorce, especially when children are involved.
- Lower Costs: No-fault divorces often involve fewer legal battles and less time in court, which can significantly reduce legal fees and associated costs.
- Faster Resolution: Without the need to establish fault, the divorce process can be quicker, allowing both parties to move on with their lives sooner.
- Simpler Legal Process: The process is generally more straightforward, requiring less documentation and fewer legal hurdles, which can make the entire procedure less daunting.
These benefits highlight why many couples may prefer to pursue a no-fault divorce, focusing on an efficient and less adversarial resolution to their marital dissolution.
Contact a Divorce Attorney Today
When contemplating whether a fault vs. no-fault divorce works best for you in Virginia, you may be overwhelmed or unsure of where to turn. Our compassionate Manassas divorce attorneys at Collins Family Law can help. Get in touch by calling us at (703) 691-5272 or booking your free, no-obligation case review today.