Other juvenile offenses may be referred to as status offenses. Status offenses are those acts that are unlawful only because they are committed by a minor. In addition, this court handles other matters involving the family such as custody, support and visitation. The court also hears family abuse cases, cases where adults have been accused of child abuse or neglect, and criminal cases where the defendant and alleged victim are family or household members. This site provides neutral legal information only as a public service by the Virginia Access to Justice Commission for self-represented litigants.
Judges and clerks of court may have a local practice that is not reflected on this website. Always check with your local court about its procedures. This site does not take the place of an attorney, and cannot advise you on strategy or tell you what to say in court.
Please note that only an attorney representing you can provide legal advice. Visit the Find a Lawyer page for more information. That spouse may actually have grounds for a divorce based on cruelty or constructive desertion. If you have grounds for desertion, you may file for a divorce from bed and board immediately after the separation begins and once you have lived separate and apart from more than one year, then desertion is sufficient to constitute a ground for divorce from the bonds of matrimony.
For a divorce from the bonds of matrimony, desertion requires showing a willful separation by one spouse without cause or justification and intent to remain separate and apart for one year. Desertion does not always require one party to leave the marital home; it can be proven if one spouse completely abandons his or her marital duties to such an extent that the marriage is intolerable and impossible to continue. Another aspect of desertion is constructive desertion.
Constructive desertion is a ground for divorce that requires the spouse leaving the marital home to show that the conduct of the other amounts to a ground for divorce, such as cruelty. Cruelty and Reasonable apprehension of bodily harm: Cruelty requires acts that generally cause bodily harm and make living together unsafe.
Mental anguish, repeated and unrelenting neglect, and humiliation can rise to the level of cruelty but it must be so serious that it makes the marriage intolerable. Usually, mean or rude words alone will not constitute grounds for divorce. One act of violence is generally not considered a ground for divorce unless the act was so atrocious as to endanger life, or it caused reasonable apprehension of danger in the future. As with willful desertion or abandonment, if you have cruelty grounds for divorce you may file for divorce from bed and board immediately after separation.
Once a year has passed from the date of the act of cruelty, you may ask the Court to merge the divorce into a divorce from the bonds of matrimony.
Separation: If you and your spouse have been living separate and apart, without any cohabitation and with the intent that the separation remains permanent, for more than one year, you can be granted a divorce from the bonds of matrimony.
If you and your spouse do not have children, or no minor children, and have entered into a Property Settlement Agreement that resolves all property, support, and other issues, then the time period required before filing for divorce is reduced from one year to six months.
Adultery, sodomy, or buggery: In Virginia, adultery is a misdemeanor and it constitutes grounds for divorce. Adultery occurs when a married person has voluntary sexual relations with any person that is not his or her spouse. Proof of adultery is strict, satisfactory, and conclusive that the other spouse did have sexual relations with another person and there must be corroboration of the evidence.
Sodomy is a sexual act, other than intercourse, and to constitute grounds for divorce, it must be committed with someone other than your spouse. Buggery is bestiality or another sexual act against nature. For sodomy and buggery, strict, satisfactory, and conclusive proof is required. Conviction of a felony: If a spouse has been convicted of a felony and sentenced to prison for more than one year, and is in prison, then a ground for divorce based on conviction of a felony exists.
There are defenses to the grounds of adultery, sodomy, or buggery. If a defense is successfully proven, then no divorce will be granted on these grounds. The defenses to adultery, sodomy, or buggery are as follows:. Depending on the facts of your case, the court may order you to pay spousal support alimony , child support, or other money to your spouse to divide your property. One of the issues that can affect the cost of a divorce is whether you and your spouse are agreeable to issues concerning the custody of your children, child support, spousal support, and the division of martial property and debts.
When dividing assets in the state of Virginia during a divorce, equitable distribution laws come into play. If a mutual agreement cannot be made between parties, the court will have the deciding factor. While you are not required to have an attorney, you will be held to the same standards, rules, and procedures that attorneys have to follow and you will not be given any special treatment or assistance in the courtroom.
Desertion, cruelty, adultery, and felonies with confinement of at least one year are all fault-based grounds for divorce.
The only non-fault ground in Virginia is living separate and apart for one year or six months if you have no minor children and have signed a Property Settlement Agreement. The reason for dissolution of the marriage is also a factor that must be considered by the Court in deciding property division. Spousal support can be awarded pendente lite during the divorce action and temporarily or permanently.
For pendente lite support, the Court is required to consider the need and ability to pay of each spouse. In some jurisdictions, the Court may use a formula for pendente lite spousal support. For temporary or permanent spousal support, Courts are required to consider a number of factors before awarding spousal support based on the current situation and facts of the parties, not on speculation of future needs or income, but the need and ability to pay is a consideration.
Neither party in the marriage is automatically entitled to anything until it is determined by the court based on their unique situation.
Either party can request spousal support, but it is up to the court to decide if they meet the requirements to receive it. An annulment is a decision by the Court that the marriage was not legal from the beginning. You or your spouse must have lived in Virginia for more than six months and intended for Virginia to be your permanent residence before filing your Complaint for Divorce. We have worked with the Fairfax Bar Association to develop a package to help you understand the legal procedures required to obtain a divorce.
After the divorce is final, see the Records page for information about getting a certified copy of your Final Decree of Divorce in person or through the mail. Information you may be interested in Translate Awards Site Feedback. Site Tools Site Tools. Support Support. Additional Resources Additional Resources. Each fault ground requires very specific proof, and there are some defenses available. For example, an innocent spouse who voluntarily lives with a guilty spouse after learning about a felony conviction or wrongful sexual acts will no longer be able to base a complaint for divorce on those grounds.
While proceeding on a fault-ground is more complicated than proceeding on the ground of separation only, there may be some cases where the proof of fault will have an effect on the division of marital property or award of alimony.
If you think that there could be a benefit to choosing a fault ground in your case, contact an attorney for advice. There is no additional waiting period after you have satisfied the separation requirements for a no-fault divorce. If you file for a fault divorce based on desertion or cruelty, you will need to live apart for one year following the desertion or cruelty before the court will finalize the divorce. There is no waiting period required for finalizing a divorce based on adultery or other sexual acts outside the marriage.
The spouse seeking the divorce the "plaintiff" files a document called a "complaint" in the appropriate Virginia Circuit Court generally the court in the city or county where at least one of the spouses lives , and pays the required filing fees.
The complaint must include information about the date and place of the marriage; each spouse's current living arrangements; each spouse's military status; satisfaction of the residency requirements; the grounds for divorce; satisfaction of the separation period, if applicable; and the ages and living arrangements of any children of the marriage.
The plaintiff then has to make sure the complaint and a "summons" legal notice of the action are "served" delivered on the other spouse the "defendant" ; this is usually handled by a sheriff or a private process server.
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