The dissolution of marriage in Virginia is legally referred to as Absolute Divorce or Divorce from the Bond of Matrimony. Absolute Divorce in Virginia is one of the major reasons for selling a house. Divorce can be a relatively simple process.
The grounds for an absolute divorce in Virginia, according to HG.org, are as follows:
- Adultery, or for sodomy or buggery when committed outside the marriage, and the parties have not voluntarily cohabitated after knowledge of the adultery, sodomy or buggery and it did not occur more than five years before institution of the suit;
- Felony conviction after the date of marriage with at least one year of imprisonment, and cohabitation has not resumed after knowledge of this confinement;
- Cruelty, causing reasonable apprehension of bodily harm, or willful desertion or abandonment, and it has been one year from the date of the act before the application by the innocent party; and
- Voluntary separation for six months with a written separation agreement and no children (either natural or adopted); otherwise, separation for at least one year.
Virginia is an equitable distribution state. The court may divide, transfer or order the division or transfer, or both, of jointly owned marital property, or any part thereof. The court shall also have the authority to apportion and order the payment of the debts of the parties, or either of them, that occurred before the dissolution of the marriage.
If you and your spouse have agreed on property division, neither spouse is asking for alimony, and you have no children under 18, you may be able to file a “simplified dissolution of marriage.” The parties then may agree to sell the house and split the proceeds.
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