Written by: Ross Charles Allen
There are two types of divorce in Virginia: a limited divorce from bed and board, and a final divorce. Or for those of you fluent in dead languages: a divorce a mensa et thoro and a divorce a viniculo matrimonii. It is amazing the Latin I retained from law school.
The grounds I utilize most often are that the parties have been separated for a year or more if they have minor children, or no children and no separation agreement; or the parties have been separated for 6 months with a separation agreement and no minor children. Both of the aforementioned grounds entitle the parties to a final divorce which ends the marriage and changes each individuals status to single.
Barring a few specific exceptions, separation typically means not living under the same roof, or, stated another way, living in separate places. Again, there is some case law out there where the parties live in the same house and are considered separated, but the facts are very specific.
On occasion it is necessary to file alleging fault grounds such as adultery, desertion, or perhaps even cruelty. It is my intention to write separate blogs covering each of those grounds as well as grounds for an annulment in the future. In the meantime, please contact me if you have any specific questions as I am always willing to help in any way I can.