In Virginia, like many other states, there does not have to be “fault” placed on one spouse in order to obtain a divorce. Instead, a couple may obtain a “no fault” divorce upon a showing that, for more than one year, the husband and wife both intended to and continuously lived separate and apart without any cohabitation. If the husband and wife enter into a Property Settlement or Separation Agreement and do not have any minor children together, then time period is reduced from one year to six months.
The “No Fault” Divorce tends to be the least expensive way to get divorced in Virginia. Typically no court appearance is required and oftentimes if there is no claim for spousal or child support and little property involved, then just one spouse hires an attorney while the other spouse sometimes may not be represented.
Also—while one spouse might file for a divorce on the grounds of “fault,” the parties can agree at any time to do a “no fault” divorce instead. And, the reverse also is true—a judge is free to award a divorce on fault grounds even if “no fault” grounds also exist.