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Filing for divorce: No fault and fault options in Virginia

If you're ready to get a divorce, you want to know exactly what you need to do to make it happen as quickly as possible. With the help of your attorney, you can be sure that your documents are all filed correctly, but which laws designate how quickly you can get a divorce and what kinds of reasoning can you give for your divorce?

In Virginia, the legal requirements for divorce vary from some other states. While you can file for a divorce on no-fault grounds, you must separate from your partner for at least one year before you can do so. The same is not true if you are filing because of a fault. On top of the year-long wait, you or your partner must live in the state for at least six months before the dissolution of your marriage.

During an appeal for divorce or if an appeal is filed in your case, you will be unable to remarry. You will need to wait until the divorce is completely finalized to do so, as you can only be married to one person at a time by law in the United States.

If you want to file a divorce and claim the other party is at fault, there are a few options for you to choose from. You can file a divorce for adultery, convictions of felonies, a conviction with confinement for at least a year or the fear of bodily harm. Willful desertion or cruelty are also acceptable reasons to file for divorce. Your attorney can provide more information on fault and no-fault divorces, as well as which one is better suited to your case.

Source: FindLaw, "Virginia Legal Requirements for Divorce," accessed June 14, 2016

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