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" Some of these questions are not the most appropriate questions for lawyers to answer.What choices you may make with respect to raising your children, for example, is definitely not our area of expertise.A “no fault” divorce from the bond of matrimony may be awarded upon a showing that for more than one year one of the parties intended to and the parties have continuously lived separate and apart without any cohabitation.If the parties have entered into a Property Settlement or Separation Agreement and there are no minor children, the time period is reduced from one year to six months.If the desertion continues for more than one year from the date the parties originally separated, then the desertion is sufficient to constitute a ground for divorce from the bond of matrimony. Cruelty and reasonable apprehension of bodily harm Cruelty authorizing divorce requires acts that tend to cause bodily harm and render the spouses living together unsafe.Mental cruelty alone is not normally a ground for divorce in Virginia.When it comes to meeting new people, it's a dangerous until you've signed a separation agreement (or until after your trial), because you don't want to do anything that would arouse suspicion.
If desertion grounds exist, a suit for a divorce from bed and board may be filed with the court immediately after the separation.
The law requires that "grounds" (valid reasons for divorce prescribed by law) for divorce must exist and be proven to the court even if the parties agree that a marriage should end. A mere separation by mutual consent will not be considered desertion.
Further, if one spouse leaves because the other has committed acts that legally amount to cruelty, then the spouse who leaves is not guilty of desertion.
A divorce from the bond of matrimony is a complete and absolute divorce.
Any person granted a divorce from bed and board may ask the court to "merge" the decree into a divorce from the bond of matrimony after at least one year has passed from the date the parties originally separated. Willful desertion or abandonment Desertion or abandonment requires both the breaking off of cohabitation and an intent to desert in the mind of the offender.
If your husband can prove that you've committed adultery (and, remember, it's even adultery if you've already separated), you could be prevented from asking for spousal support. Would it upset them to have a new person around so quickly?