In the state of Virginia, there are three ways to end one’s marriage. A marriage can end with separation, a divorce, or an annulment. Spouses must live “separate and apart” from one another for six months, if they have no children, and for one year if they do have children to be eligible for a divorce. This means that they must be living in separate households, and at least one spouse must consider the separation to be permanent. Having a separation agreement shows intent and lowers the cost of the divorce. It also changes a contested divorce to an uncontested divorce. If the spouses, along with their lawyer(s), can settle all issues, then the court will just approve your choices. In a fault-based divorce, couples really are leaving it to the court to divide property, decide child custody and visitation, and spousal/child support. Proving fault also requires credible evidence. Only in the case of adultery can a couple get a divorce without separating for six months to a year.
In the state of Virginia, a married couple may be able to seek an annulment under special and specific circumstances. If an annulment is filed and granted, it will be as if the two spouses were never actually legally married in Virginia. Children resulting from an annulled marriage are still considered legitimate. No matter what type of separation, divorce, or annulment is on the table for you and your spouse, you need an expert Divorce Lawyer from the Virginia Family Legal Center in Leesburg, Virginia, who will look out for your best interest during the entire divorce process.