What is an absolute divorce?

In Virginia, an absolute divorce is a legal action that permanently ends a marriage. It allows both parties to be legally single again and allows them to remarry if they so choose. Once an absolute divorce is granted, the parties are no longer legally married and there are no longer any legal obligations between them. An absolute divorce is usually granted when one or both parties of a marriage has committed adultery, cruelty, or desertion. Fault-based grounds must be proven to obtain an absolute divorce. This can be done by providing evidence such as court documents, police reports, or testimony from third parties. In some cases, couples can pursue a no-fault divorce. This means that neither party is at fault and the relationship has been irretrievably broken down. In Virginia, both parties must have lived separately for at least one year in order to be eligible for this type of divorce. Additionally, the couple must have a written separation agreement that outlines the division of their marital property and debts. It is important to note that some divorces may require more than one type of divorce. For example, if a couple has a contested divorce, they may need both an absolute divorce and a divorce from bed and board, which would cover unresolved issues such as spousal support or division of property. It is also important to note that individuals should not pursue an absolute divorce on their own. An experienced family law attorney should be consulted to ensure that all applicable laws are followed and that the divorce proceeds as smoothly as possible.

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