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Contested Divorce in Virginia

A contested divorce is one in which the two parties cannot come to an agreement on a certain issue outside of the courtroom. The disagreement could be over the child support, child custody, visitation, property distribution, and spousal support, or any combination thereof. If the parties, even with the help of their counsel, cannot come to an agreement, that issue has to go to court. The court will allow both sides to present evidence and make arguments and then will decide the issue. This decision is then binding on both parties (subject to an appeal).

An absolute divorce is the legal termination of a valid marriage. In Virginia, a divorce can be granted on either fault or no fault separation grounds. There are three different fault grounds for divorce:

1. Adultery committed outside the marriage,
2. A conviction of a felony subsequent to the marriage, and
3. Cruelty and desertion

Adultery, by its very nature of being secret, is difficult to prove by direct evidence. However, adultery can be proven by circumstantial evidence that is clear and convincing. The evidence must prove both an intent and the opportunity to commit adultery.

If either husband or wife is convicted of a felony after the marriage, the spouse may seek a divorce on that ground. There is no waiting period for this divorce ground.

If either party is found guilty of cruelty, willful desertion or abandonment, a divorce may be decreed after a period of one year from the date of the act. Cruelty is any conduct that makes living together unsafe or that involves danger to life or health. Abusive language and humiliating insults can constitute cruelty. Willful desertion occurs when one spouse has both the intent to desert and actually does break off the marital cohabitation. There can also be constructive desertion when the cruelty of one spouse forces the other to leave the home, which is considered to be equivalent to desertion by the offending spouse.

In a no-fault separation divorce, divorce can be granted once the husband and wife, with the intent to live separate and apart, have lived separate and apart without any cohabitation or interruption for a certain period of time. Usually the time period is one year, but if both parties have entered a separation agreement and there are no minor children, the time period is six months.