Are there any defenses to a divorce action?

In Virginia, there are a few common defenses to a divorce action. Generally, a defense to a divorce action is some sort of legal basis that would deny the court the ability to grant the divorce. The most common defense to a divorce is the concept of fault. In Virginia, a spouse can contest a divorce if they deny that the other spouse committed adultery, cruel treatment, or abandonment. If the spouse denies that any of these have occurred, then the court may find in their favor and deny the divorce petition. Another common defense to a divorce is incapability or lack of capacity. If the defense can prove that one spouse was either mentally or physically incompetent at the time of the marriage, then the court may find that the marriage was never valid and deny the divorce. Lastly, a defense may argue that the other spouse has withheld necessary financial information or is withholding alimony or child support payments. If the defense can prove the other spouse is engaging in this type of behavior, then the court can refuse to grant the divorce. Overall, although there are common defenses to a divorce action in Virginia, it is important to remember that each case is determined independently and often on a case-by-case basis. If any of the defenses are met, the court may choose to deny the divorce petition.

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Are there any defenses to a divorce action?

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