Like many states, Virginia has what people commonly refer to as “no-fault divorce laws.” Among other things, this means, if a Virginia couple lives apart for 1 year, either party may ask for and obtain a divorce.
In such a case, the grounds for the divorce are simply that the couple separated and have been separated for at least a year. Some couples may even be able to shorten their waiting period to 6 months if they do not have children.
However, there may be couples who, for whatever reason, do not want to end their marriages but choose to live apart long-term.
Hesitation about divorce may be tied to a couple’s moral or religious convictions, but it can also stem from a lack of emotional readiness, either on the part of one person or a concern that the couple’s children aren’t prepared for the change. Sometimes, staying married is a practical choice due to financial or other benefits.
Unlike other states, Virginia does not have a legal separation process that allows couples to receive the protections of divorce while remaining legally married.
The one-year waiting period before a couple can get a divorce begins running once at least one partner forms the intent to divorce and separates. Being separated means that a couple is intentionally no longer living together as if they are a married.
In a troubled marriage, are there divorce alternatives?
Still, there are some alternatives to divorce:
- The couple can negotiate a separation agreement. The agreement will offer both sides protection since it defines their respective rights and responsibilities with respect to property, child custody and the like. However, either side can ask for a no-fault divorce if they are legally eligible for one.
- Either with or without a separation agreement, a couple can try to straighten out their differences. A post-nuptial agreement may be a helpful tool a couple can use when trying to reconcile. Again, though, the key here is both sides must agree to this option and to the terms of their agreement.
- Virginia does offer what the law calls a divorce from bed and board. This type of divorce allows a court to make orders about property, custody, and other issues before the one-year or six-month separation period is reached. However, the party seeking this type of divorce must prove the other side’s behavior has caused the split. More so, only certain types of behavior, such as cruelty, fear of bodily harm, and willful desertion, can establish a divorce from bed and board. Thus, a divorce from bed and board is a more difficult alternative.
Those who are interested in legal alternatives to divorce should make sure they understand the advantages and disadvantages of each option.