This authorized course of in Virginia permits a pair to dissolve their marriage with out alleging wrongdoing on both partys half. As a substitute of proving fault-based grounds comparable to adultery or cruelty, the dissolution can proceed merely based mostly on the assertion that the wedding is irretrievably damaged. For example, spouses who’ve lived individually for a specified interval (both six months with a separation settlement and no minor kids, or one 12 months with out) can pursue this avenue.
The importance of this feature lies in its potential to simplify and expedite divorce proceedings. It could scale back battle and related authorized prices by eliminating the necessity to show fault, thereby fostering a extra amicable decision, particularly when kids are concerned. Traditionally, Virginia divorce legal guidelines had been extra restrictive, demanding proof of marital misconduct. The introduction of this feature represented a major shift towards recognizing the truth that marriages can finish with out one get together essentially being at fault, and that specializing in blame may be detrimental to all concerned.