Is There Basis For Divorce In My Case?

Marriage is complicated. Divorce can happen for many reasons, some of which are out of our control.

If you are going through a separation or divorce or you are anticipating the end of your marriage, you may be wondering what Virginia law says about the basis for divorce. You may need direction about how to proceed with a stressful, painful situation.

What Does The Law Say?

According to the Family Law Section of the Virginia State Bar, there are two types of divorce in the commonwealth:

Virginia law recognizes two types of divorce: divorce from bed and board (a mensa et thoro) and a divorce from the bond of matrimony (a vinculo matrimonii). A divorce from bed and board is a partial or qualified divorce under which the parties are legally separated from each other but are not permitted to remarry. A divorce from the bond of matrimony is a complete and absolute divorce. Any person granted a divorce from bed and board may ask the court to "merge" the decree into a divorce from the bond of matrimony after at least one year has passed from the date the parties originally separated. The law requires that "grounds" (valid reasons for divorce prescribed by law) for divorce must exist and be proven to the court even if the parties agree that a marriage should end. (Source: Virginia State Bar website)

This can be hard information to interpret. If you are looking for legal advice about your rights or you need help to make your divorce as easy as possible, talk to a lawyer with experience. Our firm can help you.

Get Your Questions Answered

Attorneys at Weisberg & Weisberg, PLLC, provide experienced divorce representation and personalized service. We can answer questions like:

  • What are the differences between a contested divorce and an uncontested divorce?
  • What if my husband or wife was cheating on me? Do I need evidence to prove it?
  • If my spouse committed adultery, will that influence our custody arrangements or the division of our assets?
  • How exactly will our property be divided? Who will get the house?
  • Do Virginia courts allow for legal separation?
  • How much will it cost to divorce my spouse, and how long will it take?
  • Will I have to go to court?

Contact Us For The Advice You Need

Every divorce case is different. Get the guidance you need. Talk to a knowledgeable family law attorney about your situation. Weisberg & Weisberg, PLLC, is based in Newport News, Virginia.