Divorce is never an easy process, and understanding the different legal grounds on which you can file is crucial. At Shawna L. Stevens PLLC, we aim to guide you through this challenging time. In Fredericksburg, Virginia, divorces can be categorized as either fault-based or no-fault. Today, we will focus on fault-based divorces, which can significantly impact the outcome of your divorce proceedings.
What is a Fault-Based Divorce?
A fault-based divorce is one in which one spouse alleges that the other’s misconduct led to the breakdown of the marriage. Unlike a no-fault divorce, which simply cites “irreconcilable differences” or a separation period, a fault-based divorce requires proof of wrongdoing.
Grounds for Fault-Based Divorce in Virginia
In Virginia, the grounds for a fault-based divorce include:
- Adultery: This is one of the most serious grounds. To prove adultery, there must be clear and convincing evidence that your spouse engaged in a sexual relationship with someone else.
- Cruelty: If your spouse has been physically abusive or has inflicted severe emotional distress, you can file for divorce on grounds of cruelty. However, the abuse must be ongoing or severe enough to make living together unsafe or unbearable.
- Desertion: This occurs when one spouse willfully abandons the other without any intention of returning. Desertion must last for at least one year before it can be used as grounds for divorce.
- Conviction of a Felony: If your spouse has been convicted of a felony and sentenced to confinement for more than one year, you can file for divorce based on their criminal conduct.
Advantages of Filing a Fault-Based Divorce
- Potentially Favorable Settlement: Proving fault can sometimes lead to a more favorable division of assets and spousal support.
- Emotional Closure: For some, proving that the other spouse was at fault can provide a sense of justice and closure.
Disadvantages of Filing a Fault-Based Divorce
- Burden of Proof: The spouse alleging fault must provide sufficient evidence to support their claims, which can be challenging and stressful.
- Longer and More Costly: Fault-based divorces can take longer and be more expensive due to the need for extensive evidence and potentially contentious court battles.
The Process of Filing for a Fault-Based Divorce
- Consultation: Begin by consulting with an experienced family law attorney at Shawna L. Stevens PLLC who understands Virginia’s divorce laws and can guide you through the process.
- Filing the Complaint: Your attorney will help you file a complaint outlining the grounds for the fault-based divorce.
- Gathering Evidence: Collecting evidence to support your claims is crucial. This may include witness testimonies, documentation, or other forms of proof.
- Court Proceedings: Be prepared for a potentially lengthy court process where you will need to present your evidence and possibly face cross-examination.
Conclusion
While fault-based divorces can be complex and emotionally charged, they are sometimes necessary to ensure a fair and just outcome. Understanding the grounds and process is the first step in navigating this challenging aspect of family law.
If you are considering a fault-based divorce in Fredericksburg, Virginia, or simply want to know more about your options, please do not hesitate to contact the experienced legal team at Shawna L. Stevens PLLC. We are here to provide the guidance and support you need during this difficult time.
For more information or to schedule a consultation, please reach out to Shawna L. Stevens PLLC at 540-310-4088.