Understanding No-Fault Divorce
In a fault divorce, one spouse must provide evidence to the court that the other spouse engaged in misconduct that led to the split. Grounds for fault include fear of bodily harm and adultery. However, couples do not always need to provide evidence of misconduct. Fault divorces can be more complex and affect things like alimony and the division of property. The sometimes complex nature of fault divorces and the effect they can have emotionally and financially is why some couples elect for a no-fault divorce instead.
Who Can Get A No-Fault Divorce?
Virginia allows couples to seek no-fault divorces if they can prove they have lived apart for a certain period of time and have lived in the state for at least six months. A married couple with children under the age of 18 must have lived apart for an uninterrupted period of 12 months. A married couple with no children or whose children are 18 or older must be able to prove they have lived separate and apart for an uninterrupted period of six months and have a written, signed property settlement agreement. The full required period of separation must go by before either person can file with the court for divorce.
There are no fill-in-the-blank forms available at Virginia courthouses that a person can use to start the divorce process themselves. All filings must be originally prepared or typed by an attorney or the person filing for the divorce.
Keep in mind that no-fault divorces are not for every couple. In some cases, it may be necessary to prove fault to move forward with the divorce. Whether you are seeking a fault divorce or a no-fault divorce, we provide the same high-quality and personalized service everytime.
An Attorney Can Help, No Matter How Straightforward Your Case
The experienced attorneys at Coates, Battle & Tyree, in Richmond can ensure that your non-fault divorce proceeds to completion without delay. We represent clients from the simplest uncontested and no-fault divorces to those that are contested and present complicated issues like the equitable distribution of property and debts, issues of spousal support and child support, as well as high-conflict cases involving custody of children.
Efficient Representation For No-Fault Divorce In Virginia
Clients of Coates, Battle & Tyree, receive individual attention to the special needs of their case and their family from our attorneys. Although uncontested, no-fault divorce cases are handled on an hourly fee basis, our attorneys can provide you with an estimate for our fees and costs to help you accomplish your goals.
Contact one of the experienced family law attorneys at Coates, Battle & Tyree, to find out what we can do to help you get your Virginia no-fault divorce completed as quickly and efficiently as possible. Call our Richmond law office today at 804-729-5537 or write to us using this online form. We represent clients throughout Henrico, Hanover and Chesterfield counties.