FAQ

In Virginia, a judge isn’t going to automatically aim for a 50/50 split between divorcing parties. From shared debts to shared property and other assets, the goal is an “equitable” or fair distribution, not necessarily an equal division of property. How to determine what’s fair? Some of the factors can include how long the marriage lasted, tax consequences, bad behavior by a spouse, and more.

Unlike what typically comes to mind with a divorce, divorce from bed and board is more like a legal separation. The parties still have to craft a legal agreement that covers the division of marital property, custody of any children, and spousal and child support. But even once this type of divorce is completed, the parties are still viewed as legally married and cannot marry anyone else. This type of arrangement often benefits parties who have religious objections to a full-blown divorce (“divorce from the bonds of matrimony”), or who want to continue sharing insurance coverage or other financial benefits.

In some cases, spouses who want to pursue a divorce may start with a divorce from bed and board in order to quickly have court orders in place, such as for child custody, living in the family home, etc. While this divorce from bed and board is not necessary for the separation period before filing for no-fault divorce, some couples find it to be a helpful step on the way to completing a traditional divorce.

At G. Best Husband Law, we offer a menu of flat-fee options, which allows our clients to customize and obtain a custom quote for the case. We also offer understanding, compassionate counsel to try to help our clients through this difficult process as amicably as possible, working toward a fair, cost-effective solution. Please review our pricing policy to learn more about our flat-fee pricing.

Before you can file for a no-fault divorce in Virginia, there is a required period of separation. Six months in cases with no minor children, and one year in cases where there are children. But once you file for a divorce, you don’t have to wait a set amount of time before a judge will grant said divorce. That means if you complete an uncontested divorce, then you may be able to wrap up your case within a couple of months. With a contested divorce, however, every issue involved, from spousal support to child custody will add more time to the process, and you could be looking at a process that lasts 12 months or longer.

It is usually in your best interest to find a time-saving route to a divorce if possible. That said, not all divorces that end due to infidelity, abandonment, committing a felony crime, or due to cruelty will necessarily result in a long, contested divorce. However, the burden of proof for establishing that any of these fault grounds occurred and that they’re the reason for the marriage’s end, can be a difficult task to accomplish. And that can cost you time.

As far as financial considerations, however, you may still want to talk to your divorce attorney if a fault-based divorce could help you demand more court-ordered alimony or gain more of the marital property. While this won’t apply in some other states, fault-based divorce in Virginia can be a factor in the court’s financial considerations.