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Virginia men’s divorce attorneys provide answers to frequently asked questions about the divorce process and divorce laws in Virginia.There are two types of divorce in Virginia, a divorce from bed and board (a ).There are defenses to the grounds of adultery, sodomy, or buggery.If a defense is successfully proven, then no divorce will be granted on these grounds.As with willful desertion or abandonment, if you have cruelty grounds for divorce you may file for divorce from bed and board immediately after separation.Once a year has passed from the date of the act of cruelty, you may ask the Court to merge the divorce into a divorce from the bonds of matrimony.The grounds for a divorce from bed are: (1) willful desertion or abandonment, and (2) cruelty and reasonable apprehension of bodily harm.The grounds for a divorce from the bonds of matrimony are: (1) living separate and apart for one year (or six months where there are no children and the parties have entered into a Property Settlement Agreement), (2) adultery, sodomy, or buggery, (3) conviction of a felony, (4) willful desertion or abandonment after a one year period, and (5) cruelty and reasonable apprehension of bodily harm after one year from the date of the cruel acts.

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Desertion does not always require one party to leave the marital home; it can be proven if one spouse completely abandons his or her marital duties to such an extent that the marriage is intolerable and impossible to continue.Willful desertion or abandonment: desertion is a breaking off of the marriage cohabitation and the intent to desert is required.If one spouse leaves the marital home because the other has committed acts that amount to cruelty, then the spouse that leaves is not guilty of desertion.Either party that is granted a divorce from bed and board may ask the Court to “merge” the decree into a divorce from the bonds of matrimony after at least one year from the date of separation.In Virginia, you must have a ground or grounds for divorce and the party seeking the divorce must prove the ground(s) to the Court.

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