What is a fault divorce?

In Virginia, a fault divorce is a form of divorce that is based on the idea of one of the spouses being at fault for the marriage’s breakdown. In a fault divorce, one of the spouses must prove to the court that the other spouse was responsible for the failure of the marriage. Some of the most common grounds for a fault divorce in Virginia are adultery, cruelty, and abandonment. These grounds must be proven in court to receive a fault divorce. Adultery is defined as one spouse having a sexual relationship with a person outside of the marriage. Cruelty is typically defined as physical or mental abuse. And abandonment is when one spouse deserts the other. In addition to the fault that must be proven, one spouse must have lived in Virginia for at least six months prior to filing for divorce. In a fault divorce, the court can grant either spouse a no-fault divorce on the basis of a separation period. This separation period begins when the spouses separate from each other and live in separate households. The court can also grant a fault divorce without a separation period if the grounds can be proved. This means that the divorce can be granted sooner than with a no-fault divorce. However, fault divorces tend to require more time in court and can be more expensive.

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What is a fault divorce?

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