The Commonwealth of Virginia offers divorce proceedings based on two primary grounds: fault and no-fault. A no-fault divorce signifies that neither party is required to prove wrongdoing on the part of the other to obtain a divorce. Instead, the petitioning party can claim that the marriage has irretrievably broken down. A key element in a no-fault divorce in Virginia is the requirement that the parties live separate and apart for a specified period before the divorce can be finalized. For couples with no children, this period is typically one year. However, if the couple has minor children, the separation period increases to one year, unless they enter into a separation agreement resolving all issues related to property, support, and child custody and visitation. If they have such an agreement, the separation period is shortened to six months.
The introduction of no-fault divorce options offers several benefits. It reduces the adversarial nature of divorce proceedings, potentially leading to less conflict and lower legal costs. It can protect the privacy of individuals involved, as sensitive or embarrassing details about marital misconduct do not need to be aired in court. Furthermore, it acknowledges the reality that many marriages end not due to specific acts of wrongdoing, but because the relationship has simply deteriorated over time. Historically, access to divorce was often restricted and required proving fault, which could be a complex and emotionally draining process. The option for a no-fault divorce provides a more streamlined and humane approach to dissolving a marriage that has irreparably broken down.
