Fredericksburg Family Law Attorney Answers Questions About Divorce

Divorce can be a stressful and complicated process. The outcome can have a significant impact on your future income and assets, in addition tothe custody and care of your children. If you are going through a divorce, you should consider a family law attorney with experience and dedication to ensuring that your rights and interests are protected.

At Kurylo Gold & Josey, PLC, our family law attorneys in Fredericksburg offer sound legal counsel and quality representation to Virginia people facing divorce. Whether we are negotiating on your behalf or fighting for your rights in litigation, we are single-mindedly committed to fully representing you. Here we have provided answers to some commonly asked questions about divorce.

What are the grounds for divorce in Virginia?

Virginia has “fault” divorces and “no-fault” divorces. In a fault divorce, one spouse must allege that the misconduct of the other spouse caused the breakdown of the marriage. Grounds for fault divorce in Virginia are:

  • Adultery
  • Sodomy or buggery committed outside the marriage
  • Felony conviction and subsequent confinement
  • Cruelty, willful desertion, or abandonment

State law does not recognize “irreconcilable differences” as grounds for no-fault divorce, but the law does allow couples to divorce who can prove that they have been living separately for one year if they have children or six months if there are no children of the marriage and the parties have a fully-executed agreement settling all the issues, such as spousal support and property division.

What is the residency requirement to file for divorce in Virginia?

The spouse who files for divorce must have been residing and domiciled in Virginia for six months, prior to the filing of the initial Complaint for Divorce.

What is limited divorce in Virginia?

In addition to a final divorce (called a divorce a vinculo matrimonii—divorce from the bonds of matrimony) spouses may obtain a limited divorce, which is kind of like a court ordered separation.. The Latin term for a limited divorce is “divorce a mensa et thoro,” which means “from bed and board.” In some situations, there may be advantages of a limited divorce, which may include tax benefits or health insurance coverage that would be lost with a standard divorce. The spouse who files for limited divorce must have grounds, which must be either cruelty or desertion or abandonment. In the past, some couples that had religious objections to getting a final divorce would move forward with a limited divorce.

What are the requirements for an uncontested divorce in Virginia?

For a divorce to be uncontested, the parties must have agreed on all the outstanding issues arising from the marriage (i.e. custody, visitation, child support, spousal support, division of property and debts). This agreement is generally achieved through a settlement agreement, also known as a property settlement agreement or separation agreement.

Family Law Attorney in Fredericksburg

If you are facing the prospect of divorce, it is in your best interests to consult with an experienced family law attorney as soon as possible. At Select Law Partners, we can provide compassionate and effective counsel and guidance throughout the difficult process of divorce. Our goal is to help you achieve the best possible outcome for your family and yourself. Contact us for a consultation with a family law attorney in Fredericksburg.

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Matt Kurylo

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