There are four legal grounds for absolute divorce in Virginia: adultery, felony conviction, cruelty and voluntary separation. The requirements are as follows:
- Adultery-you and your spouse weren't voluntarily living together after learning about the adultery and didn't file a divorce petition more than five years after the act occurred.
- Felony conviction-this must have taken place after your marriage date and resulted in at least a year of jail time. In addition, you and your spouse haven't resumed living together.
- Cruelty-the act must have caused you or your spouse to fear bodily harm or flee voluntarily. It also must have taken place at least a year before the petition was filed.
- Voluntary separation-you and your spouse must have been living separately for at least six months if you have no adopted or biological children and have signed a written separation agreement. Otherwise, you and your spouse must have been living separately for at least a year.
Your attorney must prove that one of these grounds for divorce exists in order to terminate your marriage legally. That's why it's essential to work with an experienced divorce attorney.
Contact the Law Offices of Aubrey Mitchell PLLC today to schedule a consultation. We're a local divorce law firm based in Alexandria, Virginia.