COVID-19 Divorce Law Firm Arlington, Virginia
Regardless of whether you were planning on filing for divorce before the COVID-19 pandemic hit or the end of your marriage is a more recent turn of events, you are probably wondering how in the world you’re going to make splitting your single household into two functioning households work before a reliable vaccine becomes readily available. This concern is understandable—there is nothing easy or straightforward about navigating a family-related legal challenge during a global health crisis. Thankfully, you don’t have to weather these challenges alone. By working with a COVID-19 divorce law firm Arlington, Virginia residents trust, you can gain access to valuable legal expertise, guidance, and support at every step along the way. No matter what the specifics of your situation may be, the experienced team at May Law, LLP is here to help.
Grounds For Divorce
Virginia law recognizes two types of divorce. These types of divorce are divorce from bed and board, otherwise known as a mensa et thoro and divorce from the bond of matrimony, otherwise known as a vinculo matrimonii.
A divorce from bed and board is a partial or qualified divorce under which both parties are legally separated from each other but may not remarry.
Meanwhile, divorce from the bond of matrimony is an absolute divorce. Anyone who’s received a bed and board divorce, or partial divorce may request the court to merge this decree into an absolute divorce after one year has passed from the date of original separation.
The law requires that there are valid reasons for divorce as the law dictates. The divorce must exist and be proven in court, even if both parties agree the marriage needs to end.
Grounds for Bed and Board Divorce
If your partner has willfully deserted or abandoned you and your family, that is grounds for a bed and board divorce. The willful desertion and abandonment requires that your partner is no longer cohabiting with you, and had an intent to leave you. A separation that both parties agree upon is not considered grounds for divorce.
If your partner is cruel and tends to cause bodily harm rendering the living situation unsafe, a bed and board divorce will be granted. Mental cruelty by itself is not grounds for divorce, however if the conduct at hand endangers mental and physical welfare, it will be sufficient grounds for divorce. Cruelty constitutes for bed and board divorce and can be filed immediately after the parties are separated. After a year has passed, the divorce can be turned into a bond of matrimony divorce.
Grounds for Bond of Matrimony Divorce
The grounds for a divorce imply misconduct by one or the other spouse. Modern divorce laws do not require “faults grounds” for a divorce to be granted. A “no fault” divorce from the bond of matrimony can be awarded after showing that the parties have continuously lived separate and apart with no cohabitation. If there are no children or property settlement/separation agreements, the wait time is reduced to six months rather than one year.
Other grounds for bond of matrimony divorces are adultery, sodomy, and buggery. You must be able to prove adultery, and it’s very fact-specific, there must be conclusive evidence adhering to strict guidelines to prove that the other spouse did engage in sexual relations with another person. Sodomy is defined as a sexual act that is not intercourse, such as oral or anal sex. For sodomy to be grounds for a divorce it must be committed with somebody who is outside of the marriage. Buggery is beastility and the standard proof for these grounds is the same as the above, you must have proof, suspicion and speculation will not stand.
The final way to get a matrimonial divorce is if your spouse is convicted of a felony and has to serve more than one year. The other party has grounds to divorce as long as they do not cohabit after the other party is released from prison.
With Covid-19, things are different, but divorce isn’t that different than before. A Covid-19 Divorce law firm Arlington, Virginia can help you divorce your spouse.
Divorcing During a Pandemic – Considerations
It is generally a good idea to spend some time thinking about your situation and any questions and/or concerns you may have before you meet with our Arlington, Virginia COVID-19 divorce law firm for the first time. Make sure to take notes as you go, so that you can easily reference those notes during your meeting. It isn’t always easy to recall all of your questions and concerns in a consultation setting if you don’t write them down as they occur to you.
One of the most pressing issues you may be grappling with is timing. Does it make sense to file for divorce right away or to wait until the pandemic has become more manageable? The answer to this question will depend upon your unique circumstances. For example, you may be understandably concerned about subjecting your kids to greater risk by moving them between two households. Or you may have evolving financial circumstances that could impact your situation. For example, if you and/or your spouse have lost a job, you may not know if it is even possible to afford a divorce right now. Please don’t censor yourself when writing down questions and/or concerns. None of your stressors is too small that we won’t gladly provide the best guidance we possibly can after learning about your circumstances.
Legal Assistance Is Available
Whether you are simply thinking that you might like to file for divorce or your mind is made up, our Arlington, Virginia COVID-19 divorce law firm can answer your questions, explain your legal options and help to ensure that you’re in the best possible position to make informed decisions about your legal situation. As the pandemic evolves, so will the ways in which divorce is approached on the East Coast and throughout the United States. Our Arlington, Virginia COVID-19 divorce law firm remains committed to advocating on behalf of our clients’ interests with dedication, compassion, and focus during these challenging times. We look forward to speaking with you