Or, call our Virginia Beach family law office to schedule a consultation with us in person. We can help with every facet of family law in the Commonwealth. Previous Next. What Are the Grounds for Divorce in Virginia?
What’s the Difference between Divorce from Bed & Board and Divorce from Matrimony?
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Detailed information on the laws governing the divorce process in Virginia.
What Does The Law Say? According to the Family Law Section of the Virginia State Bar, there are two types of divorce in the commonwealth: Virginia law recognizes two types of divorce: divorce from bed and board a mensa et thoro and a divorce from the bond of matrimony a vinculo matrimonii.
Source: Virginia State Bar website This can be hard information to interpret. We can answer questions like: What are the differences between a contested divorce and an uncontested divorce? What if my husband or wife was cheating on me?
After obtaining a divorce from bed and board, a final divorce cannot be granted until one year from the date the alleged acts first took place if there are minor children involved, or six months if there are no minor children involved. Most references to the word separation are based on the legal status of separation rather than a divorce from bed and board. Virginia spouses can separate without an agreement.
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- § 20-116. Effect of divorce from bed and board and what court may decree.!
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Without a marital separation agreement, the couple will have to wait a full year before filing for divorce. Spouses can live apart or in the same house during the waiting period.
Fairfax Divorce Lawyer | Divorce From Bed and Board
The requirement of having the intent to end the marriage can be proven whether the couple lives apart or in the same residence but is much more difficult if they are living in the same residence. Once the separation is established, a parent may seek legal custody, physical custody, visitation and child support in court. He or she does not have to wait to file these actions until the divorce complaint is filed. However, the spouses cannot obtain a division of the property until they enter into an agreement or until a divorce is filed.
Couples can enter into an agreement on some or all of the unresolved family law matters while they are separated.