Marriage is a complicated affair. Not only does it involve the union of at least two different people, their realities, and ambition; it can also extend to include the financial affairs and family affairs along with other equally essential considerations such as existing offspring. Apart from this, a union also creates its own staples of wealth, in the form of mutually acquired property or benefits, and their own offspring.
It stands to reason then, that marriage lends its sophistication even to the various acts that would officially dissolve a marital union. Divorces, one of the things where the United States of America outranks a lot of other nations, can be a heck of a pickle – No legal issues are perhaps as sophisticated as the ones that fall in line with the separation of a married couple.
The Commonwealth of Virginia recognizes and respects marriage as an essential institution to the social and economic processes of not only the state but the States. Within that scope, Virginia maintains a stringent and comprehensive emphasis on divorce laws and grounds where divorces can become attainable within Virginia’s Code.
What are the Grounds for a Divorce?
The Commonwealth of Virginia offers two procedural alternatives to married couples pursuing termination of their marriage through a divorce.
A divorce from the Bond of Matrimony is the typical archetype people have in mind when they think of separation. Such a divorce results in the absolute dissolution of marriage – reestablishing both ex-spouses as being ‘single’ under the law. And hence, can remarry after the provision of this divorce.
The grounds for this divorce extend to two broad categories – those based on no credible fault by either partner or those based on fault such as adultery and a felony charge.
A divorce from Bed and Board is also referred to as a ‘limited’ divorce – it is a legal option exercised by couples who do not wish to pursue a traditional divorce, mostly due to reasons relating to finance and faith. This divorce doesn’t fully dissolve a marriage. Instead, it legally separates the partners but does not legally entitle either spouse to initiate a relationship with another person or to remarry. The Commonwealth of Virginia does, however, under certain preconditions, allow conversions of bed and board divorces to complete traditional divorce from bonds of matrimony.
The grounds for this divorce include willful abandonment and cruelty or threat of bodily harm, on the part of either partner in a marital relationship.
How to get a Divorce in Virginia
In Virginia, and all other states, filing for divorce can include different mechanisms depending upon divorce conditions and the type of divorce being pursued. The most key and critical aspect here is if the divorce is contested or uncontested. The legal proceedings also vary with other factors, including if a bed and board separation is being preferred or a bond of matrimony is more applicable.
Here’s a general outline of the divorce process in Virginia and how to get divorce in Virginia:
First off, decide the kind of divorce you want to pursue – Establish if the ground realities around divorce are mutually accepted; whether it’s going to be a contested divorce or an uncontested, divorce from matrimony or bed and board.
Draw up your petitions and your court-requests for divorce. This includes filing for any type of divorce, most likely in a county where either of the partners currently lives. The legal conditions applicable here are subject to changes based upon the type of divorce being pursued. Legal counsel becomes next to necessity, even in seemingly simple tasks such as maintaining and handling documents and paperwork.
Make your petition more resolute and robust by including all relevant and necessary information such as debt distribution, child custody, visitation and support, and division of benefits and property.
Consider carefully if there is any possible room for reconciliation or coming to mutual grounds; whether it’s deciding not to break your marriage or to conclude critical financial matters outside of the court.
File your divorce petition. The sheriff’s office at the county where a petition is filed will usually get in touch with you about your affixed date of court hearing.
After the successful conclusion of trials, if any involved, after all the steps mentioned above, you can now receive your decree of divorce signed by a judge.