Jump To Navigation

Divorce and Separation in Chesapeake and Norfolk

Absolute and Qualified Divorce

The state of Virginia recognizes both absolute and qualified types of divorce. An absolute divorce (a vinculo matrimonii) is the more typical form of divorce.  It provides for a permanent dissolution of the marriage, allows for remarriage of the parties, and puts an end to property claims.

In contrast, a qualified divorce (a mensa et thoro) only legalizes the separation of the parties and provides for support.  This type of divorce is not permanent, does not allow remarriage, and does not necessarily terminate property claims.  However, there are valid reasons in certain situations to seek a qualified divorce.  A skilled matrimonial attorney in Virginia can discuss these with you and help you decide the best path to take to your divorce.

Divorce Grounds

While the most common grounds for an absolute divorce are voluntarily living separate and apart for the appropriate amount of time, other grounds that allow a party to obtain an absolute divorce include the following:

  • Adultery within the past five years
  • Conviction of a felony and imprisonment for over one year after the marriage
  • Physical, emotional, or mental cruelty with one year of separation
  • Willful desertion or abandonment for one year

In the case of a qualified divorce, grounds include:

 

  • Cruelty
  • Reasonable apprehension of bodily hurt
  • Desertion
  • Willful abandonment

Norfolk and Chesapeake Separation

While there is no such thing as a formal legal separation in Virginia, it may be advisable at times to live apart pursuant to a Separation Agreement that delineates terms and issues of your divorce.  The most common ground for obtaining a divorce in Virginia is living separately and apart without cohabitation for a period of one year.  A qualified divorce is similar to what is called a legal separation in many states.

Speak to Our Firm for Knowledgeable and Compassionate Firm for Norfolk and Chesapeake Separation and Divorce Advice

Are you seeking a divorce or separation in Norfolk?  Do you have questions about separation or divorce in Chesapeake?  Please schedule a confidential consultation with one of our Virginia Beach divorce lawyers by calling us at 757-215-4815 or contacting us online.  Located in Virginia Beach, we are experienced at all aspects of divorce and separation in Norfolk and Chesapeake and can advise you on the options available for your unique situation.

Joseph W. Hood, Jr. & Associates • Convenient Beach Tower Location • Major Credit Cards Accepted