Virginia dating during separation
In fact, the spouse who leaves may be awarded a divorce on the ground of cruelty or constructive desertion.If desertion grounds exist, a suit for a divorce from bed and board may be filed with the court immediately after the separation.If the desertion continues for more than one year from the date the parties originally separated, then the desertion is sufficient to constitute a ground for divorce from the bond of matrimony. Cruelty and reasonable apprehension of bodily harm Cruelty authorizing divorce requires acts that tend to cause bodily harm and render the spouses living together unsafe.Mental cruelty alone is not normally a ground for divorce in Virginia.Cruelty constitutes the basis for a divorce from bed and board and can be filed immediately after the parties separate.After one year has elapsed from the time the act(s) of cruelty were committed, grounds will exist for a divorce from the bond of matrimony. Separation divorce — the "No Fault" divorce While grounds for divorce traditionally implied misconduct by one or the other spouse, modern divorce laws do not require “fault” grounds for a divorce to be granted.However, if the conduct is such that it affects and endangers the mental or physical health of the divorce-seeking spouse, it may be sufficient to establish grounds for divorce.Normally, however, rude words alone will not suffice.
Dissolving a marriage often involves property rights and financial matters, and can raise complicated legal problems, especially when children are involved.
The Family Law Section of the Virginia State Bar prepared this information to provide the public with basic answers to some of the fundamental legal questions concerning divorce and separation in Virginia.