ALTERNATIVES TO DIVORCE

Depending on your circumstances, you may wish to consider alternatives to divorce - marriage counseling, annulment or separation.

Marriage Counseling
Many couples try counseling from a marriage counselor, social worker or psychotherapist as an alternative to divorce. Such counselors are trained to help couples resolve differences. The counselor may be able to help you and your spouse learn communication skills and a better understanding of one another to prevent your marriage from failing. Marriage counseling can be useful when couples find their problems have begun to affect their compatibility with each other. Counseling may also keep a relationship with your spouse from worsening, even if divorce is unavoidable.

Annulment
An annulment is a court ruling that a marriage was never legally valid. A marriage can only be annulled if there was a serious defect at the time of the marriage ceremony. In Virginia, the most common grounds for annulment are if one or both of the parties was under the age of 18 (although 16-year olds can marry in certain circumstances with permission of a parent or guardian) or mentally incompetent at the time of the marriage, if consent was based on fraud or duress, or if the marriage was bigamous or incestuous. Issues of child custody or property division may also be addressed by the court as part of the annulment proceeding.

Voluntary Separation
If you and your spouse separate, it is in everyone's best interest to enter into a written separation and property settlement agreement (frequently called a "PSA"). A PSA is a contract between you and your spouse that can provide for spousal support, child custody, visitation rights, and a division of the property acquired during the marriage. The agreement can be enforced by courts if a party does not comply. If the parties later divorce, it may be included in the divorce judgment. See section below entitled "Uncontested Divorce."

Court-Ordered Separation
If the parties cannot agree to a separation agreement, your attorney may recommend that you obtain a court ordered separation. This requires a lawsuit. In some states, you must prove certain grounds similar to those for divorce. The court may decide issues of child custody, visitation rights, support and property division as part of the separation agreement.

This Web site provides general information only. Laws develop over time and differ from state to state. This Web site does not provide legal advice about specific legal problems. Let The Law Firm of Evan H. Farr, P.C. advise you about your particular situation.