的对. 弗吉尼亚的离婚争议

在维吉尼亚州, a spouse who decides to get divorced has a decision to make. Should they file for divorce based on fault grounds or no-fault separation grounds?

This article will offer a “Virginia Divorce 101” overview on fault and no-fault grounds for divorce, the procedural difference between uncontested and contested divorces, 无争议离婚在时间和成本上的优势.

离婚的过错理由和无过错理由 

在维吉尼亚州, a divorce may be granted based on one of three fault grounds or on a no-fault separation ground.

协议离婚

Pursuing no-fault separation ground is called an uncontested divorce. 为了获得无争议的离婚, spouses must have been living separate and apart for one (1) year or more without any cohabitation or interruption, or six (6) months if the parties entered into a separation agreement and 双方没有未成年子女. 在本质上, the parties must agree on significant details of their marriage and divorce, 包括但不限于孩子监护权, 儿童探视/育儿时间, 孩子的抚养费, 配偶的支持, 退休账户, 婚姻的债务, 婚姻的性质, 个人财产.

离婚

一方当事人不符合离婚分居理由的, the party will need to either continue to strive to enter into a separation agreement, 或者申请有争议的离婚. There are three fault grounds for divorce in Virginia: (a) adultery, sodomy, or buggery; (b) conviction of felony after the marriage; and (c) cruelty or desertion.

通奸、鸡奸或鸡奸

The complaining party must prove by clear and convincing evidence and by a third party’s corroboration that the spouse engaged in voluntary sexual intercourse outside the marriage. The complaining spouse must not have condoned such act by forgiving the marital fault and continuing to voluntarily reside with the guilty spouse.

重罪定罪

The court may grant fault-grounds of divorce when a party is convicted of a felony after the marriage and confined after being sentenced to one-year or more. A spouse does not need to meet any waiting period or separation period to file for divorce under this contested ground. However, the complaining spouse must not have resumed cohabitation upon learning of such confinement. It is also important to note that Virginia courts require a Guardian ad Litem 被指定代表受限制配偶的利益, and the complaining spouse may need to bear some costs of the Guardian ad Litem.

残忍还是遗弃

Cruelty involves actions of a spouse that renders marital cohabitation unsafe or that involves danger to life, limb, or health. Desertion involves specific intent and action to desert the marriage and the actual breaking off from the cohabitation. A spouse may also allege “constructive desertion” if the other party’s cruelty leaves no option for the spouse but to leave the marital home.

争议与争议的程序差异. 协议离婚 

无论是在弗吉尼亚申请有争议离婚还是无争议离婚, the residency requirement is the same: at least one spouse must have been living in Virginia for at least 6 months before filing for divorce. However, the biggest procedural difference between the two is that no court appearance is required for an uncontested divorce. 一份分居协议的原件将被提交给法院, and the separation agreement terms will be incorporated into the Final Divorce Decree.

相反，有争议的离婚往往会导致 诉讼中 (temporary reliefs pending final divorce) hearings, settlement conferences and court appearances.

无争议离婚的优势 

An uncontested divorce typically parties that have agreed on the terms of divorce, so the parties can get their divorce finalized within a few months of filing the no-fault divorce complaint providing a quicker result.

除了更短的处理时间, the second big advantage of the uncontested divorce is the economic cost. Unlike contested divorce cases where one is unable to predict the expected time and cost, uncontested divorce cases present a more predictable timeline and cost structure.

One final incentive of the uncontested divorce is that the parties are in control of the separation agreement terms. 在争议离婚案件中, 当事人受法院最终命令条款的约束, 不管他们喜不喜欢. 它不是法官, but the parties themselves who best know their situation and understand the circumstances; and it is the parents themselves who best know the needs of their children. Therefore, 在无争议的离婚中, the spouses can discuss and agree on which terms could best address their family’s household situation and needs.

无论你是寻求无争议离婚还是有争议离婚, it is beneficial to consult legal counsel to tailor fit a separation agreement and help you navigate optimal options for either an uncontested or contested divorce.

罗熙全 是一个Pender & Coward attorney focusing her practice on family law and immigration matters.