Practice Areas

No-Fault Divorce

Virginia Divorce Lawyers | Virginia Family Law Attorney

Virginia Divorce Lawyers

In Virginia, couples can file for a fault or no-fault divorce. That means that divorce may be granted on the grounds of fault or blame on the part of one of the spouses, such as adultery, mental or emotional cruelty, impotence, desertion, and alcohol or drug abuse, or in the absence of such fault. In order to qualify for a divorce in Virginia, one of the spouses must be a resident of Virginia for at least 6 months.

With a fault divorce, no legal separation time is necessary, while with a no-fault divorce, Virginia requires a separation period lasting up to one year, depending on whether or not the couple has a written separation agreement. If there are no minor children and the couple has a written separation agreement, either spouse may file for divorce after six months of continuous physical separation without cohabitation. If there are minor children of the marriage, or if the couple has not entered into a written separation agreement, the waiting period is extended to one year.

The best method for proving continuous physical separation is for the spouses to maintain separate addresses for the 6-month or 1-year period of separation. In most cases, proof of permanent physical separation alone is sufficient for a no-fault divorce, and the permission of the other party is unnecessary.

A no-fault divorce can include contested or uncontested issues. At Charles B. Roberts & Associates, P.C., our Virginia divorce lawyers provide skilled legal services to people involved in no-fault divorce. Once the divorce has been filed, the complainant and defendant must try to reach an agreement regarding custody, support and property division.

If there is a disagreement on these matters, then the couple must have their case heard by a trial judge in open court. The judge will make a decision and then one of the spouses’ lawyers will draft a divorce decree based on that decision. Even in a no-fault divorce, fault may still be considered in the determination of spousal support (alimony) or in  the division of marital property.

Call our Virginia Divorce Lawyers at 703-491-7070 or 1-888-407-4529 (toll free)Today.

The emotional tensions involved in a no-fault divorce can make it extremely difficult, if not impossible, for the spouses to deal objectively with the many issues they must resolve. That is why many people choose to hire an attorney well-versed in Virginia no-fault divorce laws to handle their case.

The Virginia divorce lawyers at Charles B. Roberts & Associates, P.C. will work diligently to protect your interests – and the interests of your children – during this difficult time. Please call us at 703-491-7070 or  1-888-407-4529 (toll free) to discuss your case with our experienced Virginia divorce lawyers.

We handle cases in Arlington, Fredericksburg, Woodbridge, and throughout Virginia.