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Factors to consider when pursuing a no-fault divorce in Virginia

| Aug 29, 2021 | Divorce

Divorce is a difficult process, but it doesn’t have to be. There are many ways you can make the experience easier for you and your children. One way to do so is by filing for a no-fault divorce in Virginia. You’ll save time and money while protecting your rights as a parent when you pursue this option.

All 50 states offer some form of no-fault divorce, and Virginia is no exception. The Family Law Act of 1969 was first signed into law in California, making the state the first to allow no-fault divorce. By 1985 all 50 states had followed suit. Many divorcing spouses now pursue no-fault divorces because it’s more efficient for them to do so while also being less harmful to children. 

What is a no-fault divorce?

Both spouses must agree to the divorce and prove that they meet all requirements to move forward in terminating their marriage if they wish to pursue a no-fault divorce. The most common ground for granting a divorce is irreconcilable differences. This means that any disputes that spouses have cannot be reasonably resolved. Neither spouse has to show that their husband or wife’s actions are to blame for the marriage ending if they pursue a no-fault divorce.

Separation requirements in a Virginia no-fault divorce

In Virginia, couples must live apart for twelve months without cohabiting before the court will grant their divorce. Divorcing couples may only have to wait six months to divorce if they can demonstrate to the judge that no minor children are involved and that they resolved all property division matters amicably outside of court. 

Residency requirements for a Virginia no-fault divorce

At least one of the spouses petitioning to divorce in Virginia must have been a resident in the state for at least six months before submitting their petition. 

Remarriage isn’t an option during a no-fault divorce appeal

Spouses are prohibited from remarrying here in Virginia if their no-fault divorce is in the midst of an appeal. Spouses may only remarry once the appeal has been resolved.

There are many ins and outs to understand when you’re seeking a divorce here in Virginia. You’ll certainly want to know about the options you have to ensure that the choices you make best protect your interests.