TYPES OF DIVORCE

There are two types of divorce in Virginia. A bed and board decree is a partial or qualified divorce under which a husband and wife are legally separated from each other but are not permitted to marry another person. A divorce from the bond of matrimony is an absolute divorce that ends the marriage. Either party to a bed and board decree can ask the court to have that decree "merged" into a divorce from the bond of matrimony after one year from the time the separation commenced.

Contested Divorces
A contested divorce, where the parties cannot agree to terms, resembles a standard lawsuit with a trial before a judge. In some parts of Northern Virginia, mediation (discussed below in more detail) is an automatic part of divorce procedure for spouses who cannot agree on the terms of a divorce. A judge will decide the issues if you are unable to resolve them through mediation. Depending upon the practices in a given locality, evidence in the divorce case may be taken in the office of an attorney representing one of the parties, or in the office of a commissioner appointed by the court to take the evidence, or in a courtroom before a judge. Controversies over custody, child support and spousal support are usually heard before a judge of a Circuit Court where the divorce suit is brought. In some cases such matters may be heard in a Juvenile and Domestic Relations District Court, independent of the suit for divorce.

Uncontested Divorces
An uncontested divorce, also called a "no-fault" divorce, can be granted when the parties agree on all issues such as child custody, support and property division. The husband and wife usually enter a written contract that sets forth the property rights, duties and obligations that arise out of a separation and divorce. Such a contract is usually called a Separation and Property Settlement Agreement (or "PSA" for short). PSA's are strongly encouraged since they amicably settle the rights of the husband and wife without having to go through expensive and time-consuming litigation. An attorney's skill and experience can be especially helpful in negotiating and drafting a fair, just and reasonable PSA for the parties and their children. An uncontested divorce may be awarded upon a showing that the husband and wife have lived separate and apart without any cohabitation for more than one year. Fault may still be an issue in cases where spousal support is being sought.

Where the husband and wife have entered into a written separation agreement and there are no minor children, a divorce may be awarded upon a showing that the husband and wife have lived separate and apart without any cohabitation and without interruption for six months. Even in an uncontested divorce, there must still be one brief hearing for the party filing the action to prove that all the requirements for divorce have been complied with. Depending upon the locality, this hearing may take place in the office of the attorney representing filing party, in the office of a commissioner appointed by the court to take the evidence, or in a courtroom before a judge.

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.