Whenever individuals are looking to file a divorce in Virginia, they have the choice of filing on either fault-based grounds or no-fault grounds. So in this blog, we’ll be examining the details that separate these two forms of divorce, 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) 755-7343 or book a 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-Based 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 — adultery, cruelty, abandonment, or felony conviction — 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 and that the parties have been separated for the required length of time. 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 may involve fewer legal battles and less time in court, which can significantly reduce legal fees and associated costs.
- 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) 755-7343 today.