File Divorce in Norfolk
Divorce rates in the United States remain high. In fact, according to the Forest Institute of Professional Psychology in Missouri, marriages fail on a regular basis:
- 50 percent for first marriages
- 67 percent for second marriages
- 74 percent for third marriages
Although people are marrying later these days, resulting in a decrease in the divorce rate, roughly half of all marriages in America still end in divorce. Because filing for divorce is so prevalent, it is useful to know the difference between fault and no fault divorces.
Filing divorce in Virginia Beach
Virginia law allows a spouse to file for divorce on either fault or no-fault grounds.
Fault divorces in Virginia Beach
A fault divorce was the only way to legally end a marriage before the concept of no-fault was instituted. It entails proving that one spouse committed a particular act. In Virginia, the grounds to file a fault divorce include the following:
- Adultery or sodomy performed outside the marriage
- Imprisonment longer than one year
- Cruelty
- Willful desertion or abandonment by one partner
No-fault divorces in Virginia Beach
Nowadays, a no-fault divorce is the most common way to end a marriage. In this type of divorce, one spouse does not have to cite any wrongdoing by the other. Rather, general reasons such as irreconcilable differences are sufficient to file divorce. Grounds for a no-fault divorce in Norfolk are:
- With minor children (under 18): a husband and wife living separately, with no cohabitation and without interruption, for one year
- Without minor children: a husband and wife living separately, with no cohabitation and without interruption for six months, and who have a written separation agreement
It is important to note that in Virginia, both fault and no-fault divorces require proof. After filing for divorce in Norfolk, a hearing or deposition takes place. At this time, at least one spouse and one independent witness (whose knowledge of the situation is not due only to one spouse telling them) testifies. The alleged facts surrounding the divorce must be corroborated in order for a divorce to be granted.
Contact Stallings and Bischoff for help filing divorce in Norfolk
An important first step in the divorce process is hiring an Norfolk divorce law firm and determining what divorce grounds are appropriate for your marriage. After contacting Stalling & Bischoff, one of our Norfolk divorce attorneys will speak with you about your situation and formulate the best course of action. For Norfolk and Virginia Beach divorce help, contact our law firm today.
