Divorce laws vary in every state, but in some states, including Virginia, you can go a no-fault divorce. All courts require the filing spouse to give one legal ground at the least for filing divorce. This is more like a claim as why your spouse’s behavior has caused the breakup of the relationship. For example, a spouse can file for divorce if the other one has been abusing on drugs or has committed adultery. Visiting a divorce lawyer Newport News can help you understand these legal grounds better. In Virginia, you can ask for a no-fault divorce. What exactly does that mean? In this post, we are sharing an overview.
A no-fault divorce basically means that the couple is incompatible and differences between them are irreconcilable. This also means that therapy and means of mediation between them have not worked, and there is no way they would reconcile in the future. Depending on the facts of the case, no-fault divorce can be filed when the couple has been separated for a considerable period of time. The best thing about this kind of divorce is the lack of any blame-game. However, many couples may choose to state a legal ground for seeking divorce, as in most cases.
Simplicity of no-fault divorce
Contrary to what many people may imagine, divorces don’t necessarily have to be complicated, not in Virginia at least. Couples can choose to end their marriage in the most civil manner, and there is no need to argue over petty things. Even in this case, you will need to talk to a divorce attorney, who will explain all the relevant points. To get no-fault divorce in Virginia, couples will have to prove that they have living separately for at least a year. Note that you cannot stay together and ask for a no-fault divorce in this state. Some aspects may influence how no-fault divorce cases shape up. For example, the couple needs to ensure that they have a separation agreement in place, and there are no minor kids from the marriage. If they can prove both, separation of a year may not be required.
Preparing the separation agreement
As the name suggests, a separation agreement states all terms relevant to the divorce. All typical issues, such as division of joined properties and debts, spousal support, and other aspects, are mentioned in detail, and your divorce attorney will help you prepare this agreement.