Virginia law recognizes two types of divorce: 1) absolute and 2) limited. An absolute divorce, also known as a “divorce a vinculo matrimonii”, terminates the marriage and gives the parties the right to remarry. All property claims are extinguished by an absolute divorce. Moreover, an absolute divorce is permanent.
A limited divorce is referred to in some jurisdictions as a legal separation. Pursuant to Virginia law, the parties to a limited divorce are prohibited from remarrying. Additionally, although property claims may be settled, they are not extinguished by a limited divorce. A limited divorce is not permanent. A limited divorce is also known as a “divorce a mensa et thoro”.
Residency and Filing Requirements
Certain residency requirements must be met in order to obtain a Virginia divorce. Specifically, at least one of the spouses must have been a resident of Virginia for at least six months before filing for divorce.
The plaintiff, also known as the complainant, has the option of filing for divorce in the county where the parties last resided together or in the county where the defendant currently resides. If the defendant resides in another state, the plaintiff may file the complaint for divorce in the county where he or she resides.
Grounds for Divorce
The grounds for a limited divorce and an absolute divorce are not the same. The grounds for a limited divorce are:
- Cruelty;
- Willful desertion or abandonment; and
- Reasonable fear of bodily injury.
The grounds for an absolute divorce are:
- Living separate and apart without cohabitation for at least one year (if there are children);
- Living separate and apart without cohabitation for at least six months (if there are no children);
- Adultery;
- Conviction of a felony and imprisonment for one year;
- Cruelty; and
- Willful desertion or abandonment for one year.
All grounds for divorce, including a no-fault divorce, must be corroborated by a witness who has first- hand knowledge of the facts and circumstances leading to the breakdown of the marriage.
Uncontested Divorces in Virginia
The parties to an uncontested divorce must sign and file with the court a Settlement Agreement which sets forth their agreement on all the issues in the divorce. If the parties have children, the Settlement Agreement must address child custody, visitation, and child support. The following issues are also typically addressed in a Settlement Agreement:
- Spousal support;
- Property division; and
- Division of debt.
Getting Legal Help
Whether you are seeking a limited divorce or an absolute divorce, you should hire a qualified divorce attorney. A divorce attorney will review your case and advise you of your options.
