There are multiple ways to legally end a marriage. The process begins with a spouse petitioning the court for a divorce. Virginia state law offers a number of different grounds for divorce proceedings. In cases involving significant misconduct, spouses can pursue a fault-based divorce. Those with proof of domestic violence or infidelity could seek a divorce where the courts officially recognize that the other spouse is to blame for the breakdown of the marital relationship.
However, even for people experiencing qualifying marital circumstances for fault-based divorces, no-fault divorce proceedings are very common. Why do people who could pursue fault-based divorces choose the no-fault path instead?
Expediency
Fault-based divorces require evidence of misconduct. The filing spouse also needs to provide the other spouse with an opportunity to rebut the allegations they face. Divorces initiated on fault-based grounds may take longer to complete than no-fault divorces, where the main concerns are practical ones.
Limiting conflict
Many people who divorce still typically have to parent together. Even those who don’t share children may prefer to avoid unnecessary disputes. If spouses can cooperate for a no-fault divorce filing, the entire process can be much calmer for everyone involved.
In some cases, privacy is also a consideration. People may recognize that their circumstances make them eligible for a fault-based divorce, but they prefer not to disclose private marital issues in the family court.
Deciding whether a no-fault divorce is the best option can be a difficult process. Spouses preparing for divorce may need help exploring the pros and cons of each option, given their circumstances. That’s one reason that having experienced legal guidance is crucial.
