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The Family Law Section of the Virginia State Bar prepared this information to provide the public with basic answers to some of the fundamental legal questions concerning divorce and separation in Virginia.
We hope that this information will help people understand some of the complications that can arise in this area of the law.
Cruelty constitutes the basis for a divorce from bed and board and can be filed immediately after the parties separate.
After one year has elapsed from the time the act(s) of cruelty were committed, grounds will exist for a divorce from the bond of matrimony. Separation divorce — the "No Fault" divorce While grounds for divorce traditionally implied misconduct by one or the other spouse, modern divorce laws do not require “fault” grounds for a divorce to be granted.
If your husband can prove that you've committed adultery (and, remember, it's even adultery if you've already separated), you could be prevented from asking for spousal support. Would it upset them to have a new person around so quickly?
If so, it's not a bad idea to put it off for a little while longer.
Further, if one spouse leaves because the other has committed acts that legally amount to cruelty, then the spouse who leaves is not guilty of desertion.However, if the conduct is such that it affects and endangers the mental or physical health of the divorce-seeking spouse, it may be sufficient to establish grounds for divorce.Normally, however, rude words alone will not suffice.In most divorces, there is a period after the marriage is over in the minds of the parties, but before the marriage is over in the eyes of the law.This is a difficult period for both parties, because they're torn between two competing ideas: fidelity to the now-ended but not legally finished marriage, and equally strong desire to move on and start a new life.
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That's probably why so many divorcing people have questions about sex and new relationships.