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Divorce when one spouse doesn’t want it

On Behalf of | Sep 20, 2019 | Divorce

When a Virginia couple gets married, most do so with the intention that their marriage will last forever. Although this romantic notion does happen for some couples, many end up filing for divorce. Divorce is an emotional affair, and it does not always go as expected. If one person does not want a divorce, for example, it could complicate matters.

When one spouse wants a divorce, the other spouse may not be on the same page. Even if one spouse does not want a divorce the divorce can still happen in Virginia. There are two categories of divorce here.

One category allows for an immediate fault-based divorce and includes certain reasons, such as adultery, cruelty or sentenced to prison for at least a year for committing a felony. The other category of divorce requires a one-year waiting period. This is the typical divorce where there is not a fault specified.

When served with divorce papers, a spouse can choose to contest the divorce or not. If the spouse chooses not to contest, then the process may proceed with more speed and less difficulty. A contested divorce, however, could take a bit more navigation.

A divorce can be granted after the one-year waiting period, even if one spouse is not cooperating. During that period of one-year, the spouses need to have been living apart with one spouse having the intention that the separation is permanent.

Although no couple expects their marriage will end in a divorce, for many Harrisonburg area residents, this becomes the only option. The emotions run high during a divorce and even if one spouse does not want a divorce, it can still occur. Particularly in the case of contested divorce, having experienced legal help can be important in easing the burden and working towards a positive outcome.

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