A divorce is a way to legally terminate a marriage relationship. The divorce process often causes emotions to run high, may affect children, may cause financial strain, and can be downright impossible to manage and understand. The attorneys at The Carlberg Law Firm know the emotional and financial stresses involved in a divorce and are dedicated to providing our clients with the personalized and experienced legal representation needed to successfully navigate a divorce.

No-Fault Divorce

In Virginia, a party may file for and can be granted a no-fault based divorce. To obtain a no-fault based divorce in Virginia, the parties must be living separate and apart without any cohabitation and without interruption for one (1) year prior to the date of filing for divorce. If there are no minor children and the parties have entered into a marital settlement agreement, then the required period of separation is only six (6) months.

To obtain a divorce in the District of Columbia, a party may file for a divorce based upon a six (6) month separation, if both parties agree. If the parties cannot agree, then either party has the right to file for divorced based upon a one (1) year separation.

Fault-Based Divorce

In Virginia, a party may file for and can be granted a fault-based divorce on one of the following grounds:

  • Adultery, or for sodomy or buggery committed outside the marriage;
  • Cruelty, or caused reasonable apprehension of bodily hurt;
  • Desertion; and
  • Conviction of a Felony.

There are no fault grounds in the District of Columbia.

Uncontested Divorces

Uncontested divorces are divorces in which the parties have resolved all custody, support, and financial matters between themselves by entering into a marital settlement agreement. Thereafter, the parties will need to file for divorce based upon a one (1) year separation, or a six (6) month separation in order to proceed with finalizing the divorce.

Our attorneys will gladly assist you in determining whether you should file for a fault-based or no-fault divorce, and assist you throughout the divorce process.