Divorce Flashcards
Suits for annulment or divorce are only permissible under Virginia jurisdiction if one of the parties is and has been an….
actual and bonafide resident and domicilary of Virginia for at least 6 months before filing the suit.
Who has jurisdiction in divorce actions, annulments, and affirmation of marraige claims in Virginia?
The chancery side of the circuit court.
The 5 fault-based grounds for divorce in Virginia are…
- Adultery outside of the marraige;
- A felony conviction with jail time for more than one year;
- Desertion with the intent to be permanent, for more than one year;
- Physical cruelty that poses a danger to the life or health of the other spouse;
- Mental cruelty that engangers the life or health of the other spouse.
If the parties have entered into a separation agreement and have no minor children, a divorce may be decreed after…
6 months of living separate and apart without cohabitation or interruption.
Can it be possible to file for a no-fault divorce of living separate and apart even if the parties continue to live in the same house?
Yes, if the parties otherwise have no evidence of marital conduct.
Constructive desertion occurs when…
one party makes the marital living situation so intolerable that their spouse is forced to leave.
Evidence of adultery must be….
clear and convincing.
because adultery is also a crime in Virginia.
If adultery occurred more than…
5 years before the institution of the suit, it is time-barred.
The consent, either expressed or implied, of one spouse to the proposed misconduct of the other spouse may bar an adultery claim, this is called….
connivance.
Recrimination is the defense arguing that….
both parties are guilty of conduct amounting to a marital fault ground for divorce.
Collusion is the…
corrupt consenting by one spouse to the marital fault of the other spouse.
E.g., if the parties agreed that one spouse would commit adultery so that the other spouse could bring a divorce action against him/her.
