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"Fault" or "No-Fault" Divorce in many ways is just another way of saying "Contested" or "Uncontested" Divorce.
You can have fault grounds for wanting to divorce but agree to proceed as an uncontested divorce to save money. Money is basically the difference between the two. It cost much more for a contested divorce and the hope is generally you will get much more.
Too often the filing party is wrong and generally has less after paying the attorney's bill. Why is this? Because many "contested" or "fault" divorces are ignited by emotion. Maybe your spouse did cheat but punishing them legally is an expensive way to end up with less. You have to look at the big picture of what the two possible outcomes could be. It helps to consult with an attorney through our online video & telephonic conferencing service to get a sober idea of what is possible and the best way to proceed. This small investment in attorney guidance could help you save thousands of dollars chasing unrealistic financial expectations.
Emotion is a poor judge of how to spend your money and television has primed us to believe if we are wrong and hire an attorney we can get justice in a big way. Television drama aside, you may find there is not other way to proceed to dissolve a marriage when dealing with an unrealistic spouse. However, "going nuclear" on your spouse does not guarantee the best financial outcome.
How you proceed should not be based on emotion but on good legal advice and planning.
One-year separation requirement: Virginia requires the couple be legally separated for one year prior to a divorce being approved. This is an absolute requirement for an uncontested divorce when their are minor children born to the marriage.
Six-month exception: If the couple has no minor children born to the marriage AND has a legally-binding separation agreement, then they can file for a divorce after six months of separation.
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Going to court to have a stranger tell you how your future and the future with your children will be constructed is not only risky but humiliating. Yet, if your spouse is threatening a future that is unbearable then their is not choice. Start by exploring with one of our online attorneys the possibility of minimizing the damage of your divorce. Get a legally-sound plan of action and get some peace of mind.