There are two main categories of divorce in Virginia: faulted based divorce and non-fault based divorce. Grounds for fault based divorce include adultery, abuse, and abandonment. Non-fault based divorce, commonly called, “no-fault” divorce, occurs when the spouses have been living separate and apart for a statutorily defined amount of time.
There are also two main types of divorces – “A Vinculo Matrimonii” and “A Mensa Et Thoro.” The first is a full divorce. The second is rare and is also known as a “divorce from bed and board.” The latter is not a “full” divorce and may be useful for couples who may not want a “full” divorce for religious purposes.
The grounds for divorce that you choose are very important as they set the tone for how litigious your divorce will be. Furthermore, certain grounds of divorce, if proven, may affect spousal support and property division.
Most divorce cases are resolved without a trial; however, if your case does go to trial, the Court can decide child custody and visitation, child support, spousal support, and equitable distribution of property.
If your spouse has begun a divorce proceeding against you, or you think that you may need to file, contact an attorney at Friedman Law Firm, P.C., as soon as possible.
Call us at 804.717.1969.