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Divorce In Fairfax – Virginia Lawyers
If you are facing a divorce in Fairfax Virginia, you need an experienced attorney to guide you. First and foremost, we
have to determine the basis for a divorce. Our Fairfax Virginia attorneys have the knowledge and experience to assist you with your divorce in Fairfax Virginia.
Once we have an opportunity to discuss your divorce case with you, we will let you know the procedure for filing for a divorce and
papers required to file the divorce.
Contact us for help with your divorce in Fairfax Virginia.
The following is the statute that addresses the grounds for a divorce in Fairfax Virginia.
GROUNDS FOR DIVORCE IN FAIRFAX VIRGINIA:
§ 20-91. Grounds for divorce from bond of matrimony; contents of decree.
A. A divorce from the bond of matrimony may be decreed:
(1) For adultery; or for sodomy or buggery committed outside the marriage;
(3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one
year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon
granted to the party so sentenced shall restore such party to his or her conjugal rights);
(4), (5) [Repealed.]
(6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned
the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or
(7), (8) [Repealed.]
(9) (a) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and
without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties,
born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived
separately and apart without cohabitation and without interruption for six months. A plea of res adjudicata or of recrimination with respect to any other provision of
this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or
after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds
for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no
committee, then the court shall appoint a guardian ad litem to represent the insane defendant.
(b) This subdivision (9) shall apply whether the separation commenced prior to its enactment or shall commence thereafter. Where
otherwise valid, any decree of divorce hereinbefore entered by any court having equity jurisdiction pursuant to this subdivision (9), not appealed to the Supreme Court
of Virginia, is hereby declared valid according to the terms of said decree notwithstanding the insanity of a party thereto.
(c) A decree of divorce granted pursuant to this subdivision (9) shall in no way lessen any obligation any party may otherwise have to
support the spouse unless such party shall prove that there exists in the favor of such party some other ground of divorce under this section or § 20-95.
B. A decree of divorce shall include each party’s social security number, or other control number issued by the
Department of Motor Vehicles pursuant to § 46.2-342.
A divorce from the bond of matrimony (a vinculo matrimonii).
|Virginia Statutes||Sub-section||Divorce from the bond of matrimony:(Complete and Absolute divorce)||Grounds|
|Va. Code § 20-91||§ 20-91(1)||1. Adultery,|
|§ 20-91(1)||2. Sodomy or Buggery||Committed outside the marriage|
|§ 20-91(3)||3. Felony Conviction||Felony Conviction for more than one year, and cohabitation has not been resumed after knowledge of such confinement|
|§ 20-91(6)||4. Guilty of cruelty||caused reasonable apprehension of bodily hurt,|
|§ 20-91(6)||5. Willfully deserted or abandoned the other||Divorce may be decreed to the innocent party after a period of one year from the date of such act|
|§ 20-91(9)(No Fault divorce)||6. Lived Separately||With out Separation Agreement||Parties have lived separate and apart without any cohabitation and without interruption for one year|
|With Separation Agreement and no child||parties have entered into a separation agreement and there are no minor children and have lived separately and apart without cohabitation and without interruption
for six months.
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