Reston, VA No-Fault Divorce Attorney

Reliable Lawyer for No-Fault Divorces in Virginia

Not all divorces end with a dramatic falling-out. Sometimes, the initial "spark" dies out, the honeymoon phase ends, or the marriage just becomes plainly insupportable. If neither you nor your spouse want to cast blame on each other, you can file for a no-fault divorce. This approach has its advantages, though it is subject to some restrictions as well. A Northern Virginia family law attorney can represent you in a petition for a no-fault divorce, working to help you transition out of your marriage.

If you have been served with divorce papers or you are considering filing for divorce, it can be immensely helpful to have an attorney at your side. At Nicole M. Burns, Attorney at Law, we will pursue the best path forward for you, prioritizing your goals.

Fault vs. No-Fault Divorces

The key difference between a fault divorce and no-fault divorce is the assignment of blame. Under Virginia law, there are multiple grounds in which you can file for a fault-based divorce, including:

• Cruelty: If your spouse was physically or emotionally abusive, you could file for divorce on the grounds of cruelty.
• Abandonment: If your spouse deserted you for more than a year with no intention of returning, you may file for divorce on the grounds of abandonment.
• Conviction of a Felony: You can file for divorce if your spouse was sentenced to prison with a sentence of confinement of one year or more.
• Adultery: You can file for divorce if your spouse cheated on you by having sexual intercourse outside of the marriage.

A fault-based divorce can impact how property is divided as well as the allocation of spousal support. In a no-fault divorce, you do not have to show that your spouse was to blame.

How Can I File for No-Fault Divorce?

In general, filing for no-fault divorce is much simpler compared to a fault-based divorce. However, it may take longer than you think. This is because even if nobody is at fault, there still may be issues that need to be resolved, such as property division and custody. There is also a waiting period to receive a no-fault divorce.

If you and your spouse reside in the same household, you do not have to move out to meet the standard of living separate lives. This could mean keeping separate social circles, sleeping in different rooms, and ceasing intimacy altogether. At Nicole M. Burns, Attorney at Law, we can help you document evidence that you have lived separate and apart from your spouse so that you can begin with the divorce proceedings.

The Benefits of Filing for No-Fault Divorce

Many people prefer no-fault divorce because it comes with less strife. Oftentimes, no-fault divorces can be resolved outside of court through alternate methods of dispute resolution like mediation, saving precious time and money. Moreover, if you intend to share child custody after your divorce, filing for a no-fault divorce can help you maintain a civil working relationship with your co-parent.

No-fault divorces are not for everyone. In some cases, it may be more appropriate to file for a fault-based divorce. But if you want a swift, less troubled end to your marriage, no-fault divorce may be the best option.

Meet With a Virginia No-Fault Divorce Lawyer Today

At Nicole M. Burns, Attorney at Law, we can help you pursue a no-fault divorce. Throughout your case, we can represent you in negotiations for a fair settlement or verdict, speaking up for your rights. To set up an initial consultation today, call our offices at 703-373-4761 or contact us online today.