Divorce
In Virginia, divorces can be granted on one of two bases: either a divorce from bed and board — a Divorce a Mensa Et Thoro — or an absolute divorce — a Divorce a Vinculo Matrimonii. A bed and board divorce can occur for one of three reasons: cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment. Parties to a bed and board divorce are unable to remarry during the life of the other party.
An absolute divorce in Virginia can be granted following a separation or on a fault basis. If fault is not made an issue in a divorce, parties can obtain an absolute divorce if they have lived separate and apart for one year, or, if the parties have no children and they have executed a property settlement agreement, the separation need only be for six months. A fault-based divorce, on the other hand, may be granted on the grounds of adultery, sodomy, or buggery, conviction of a felony subsequent to the marriage and imprisonment for more than one year, or desertion or cruelty (following a one-year period from the date of the cruelty or desertion).
Most divorce actions will involve five distinct issues for resolution:
- Equitable Distribution, or the classification, valuation, and distribution of the property that belongs to the parties;
- Spousal Support and Maintenance, whereby one party pays another on a temporary or permanent basis;
- Child Custody and Visitation a determination of whether to grant sole, shared or split custody, and a schedule for visitation for the non-custodial parent;
- Child Support, where the trial judge determines whether a party is entitled to child support.
MartinWren, P.C. has extensive experience representing individuals in divorce matters of all complexity. For additional information, or to schedule a consultation for a divorce matter, please call John B. Simpson at (434) 817-3100.