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Also, your spouse might file an action for “alienation of affections” or “criminal conversation” seeking substantial money damages against your paramour based upon his or her sexual intercourse with you or interference with the marital relationship between you and your spouse either before or after the date of separation and before a divorce is final.
Conversely, if you spouse is engaging in extra-marital affairs, then you are the wronged spouse and are in the position of filing an alienation of affections or criminal conversation lawsuit against your spouse’s paramour.
A divorce from bed and board is a partial or qualified divorce under which the parties are legally separated from each other but are not permitted to remarry.
In determining the best interest of the child, the court must consider the child's reasonable preference for custody.
The court shall place weight upon the preference based upon the child's age, experience, maturity, judgment, and ability to express a preference.
Any person granted a divorce from bed and board may ask the court to "merge" the decree into a divorce from the bond of matrimony after at least one year has passed from the date the parties originally separated. Willful desertion or abandonment Desertion or abandonment requires both the breaking off of cohabitation and an intent to desert in the mind of the offender.
The law requires that "grounds" (valid reasons for divorce prescribed by law) for divorce must exist and be proven to the court even if the parties agree that a marriage should end. A mere separation by mutual consent will not be considered desertion.
Dissolving a marriage often involves property rights and financial matters, and can raise complicated legal problems, especially when children are involved.
The Family Law Section of the Virginia State Bar prepared this pamphlet to provide the public with basic answers to some of the fundamental legal questions concerning divorce and separation in Virginia.
At best, your infidelity can cause your spouse hurt and embarrassment.
At worst, it will provoke feelings of anger and revenge, which will greatly complicate your settlement negotiations with your spouse.
Religious faith shall also be considered in determining custody.
In making a decision regarding custody of a minor child, in addition to other existing factors specified by law, the court must give weight to evidence of domestic violence.