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Can I Oppose Divorce?

It can be difficult to decide whether or not it’s time for a divorce. Oftentimes, one spouse will file for a divorce if they can’t reconcile their relationship. Most spouses filing for divorce are hopeful that their spouses will comply with divorce proceedings, but this is not always the case. If you’re considering divorce, you may have questions about whether a spouse can oppose divorce or not. At Mahoney Richmond Thurston, PLLC., we’re here to help Virginia couples understand if they can oppose divorce and how this can impact divorce proceedings. 

Can a Spouse Oppose Divorce in Virginia?

Though a spouse may disagree with a divorce, they can’t stop divorce proceedings in Virginia. Virginia allows for no-fault divorces, meaning that a filing spouse doesn’t have to prove who’s at fault in the divorce. If a spouse opposes divorce, it will not affect if they’re found at fault or not. This is only allowed if the couple has lived separately for one year. If a spouse attempts to oppose divorce, it can slow down the divorce process, though divorce proceedings will still continue as long as a spouse has filed for divorce. 

When a spouse opposes divorce, it’s typically viewed as a contested divorce. A contested divorce is one in which both spouses don’t agree with all aspects of the divorce. This can include instances such as child custody, property distribution, and debt distribution. The opposite of this is an uncontested divorce, where both spouses agree to all aspects of the divorce and comply with divorce proceedings. A contested divorce usually takes longer than an uncontested divorce because the court will need to intervene in order to solve disputes. 

What Are the Grounds for Divorce in Virginia?

Though a spouse can’t stop divorce proceedings, there are certain grounds that an individual must meet in order to be eligible for a divorce in Virginia. If the divorce is being filed as fault divorce, meaning that one spouse’s actions have caused the divorce, there are various ways this can be achieved, including:

  • Proving Adultery

If a spouse has committed adultery, this can be used as a means for a fault-based divorce. 

  • Instances of Cruelty

Instances of cruelty can include any threats or fear of violence from either spouse. 

  • Felony Conviction

If a spouse has been convicted of a felony, a couple can file a fault divorce. 

  • Abandonment

If a spouse has departed the marriage for at least one year, Virginia will recognize a fault-based divorce. 

How Can an Attorney Help Me?

Divorce can feel overwhelming, especially if one spouse is against the divorce. At Mahoney Richmond Thurston, PLLC., we’re here to help you understand divorce proceedings in Virginia. We can help you determine how to file for divorce and answer any questions you may have throughout the process.

Contact Us Today

If you have questions about divorce proceedings in Virginia, contact our team today. We look forward to speaking with you soon. 

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