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Divorce

alternatives to divorce

Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.

In Virginia, individuals contemplating divorce have several alternatives to consider. Marriage counseling is often sought as a means to potentially reconcile differences before proceeding with a divorce. Legal separation, while not formally recognized in Virginia as a distinct legal status, can be achieved through a separation agreement, which addresses issues such as property division, spousal support, and child custody. This agreement can later serve as the basis for a no-fault divorce after the required separation period. Annulment is available but only under limited circumstances, such as cases of fraud, bigamy, impotence, or if one party was underage or lacked the mental capacity to consent to marriage. Living apart is a prerequisite for no-fault divorce in Virginia, requiring couples to live separately for one year, or six months if they have no minor children and have reached a settlement agreement. Each of these options carries its own financial and legal implications, and individuals should consider consulting with an attorney to understand the consequences and determine the best course of action for their situation.

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Divorce

alternatives to divorce

Individual & Family Legal Plan

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Virginia State Code

Virginia State Code

Divorce

alternatives to divorce

Articles