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When experiencing domestic violence in a marriage, it can be difficult to know where to turn next. For many individuals, the best option is to seek an end to the partnership and create distance from the abusive partner. But does domestic violence factor into grounds for the divorce process? The answer to this question may help individuals experiencing abuse in their relationships decide their next best steps.
Bush & Taylor, P.C. is here to help answer this important question about grounds and domestic violence in divorce.
Reviewing Fault-Based Divorce in Virginia
In Virginia, you can file for a fault-based or no-fault divorce. However, the divorce you file for is completely dependent on the circumstances of your marriage. A key component of a fault-based divorce is demonstrating proof of the actions that ultimately led to the end of the marriage.
Within fault-based divorces, there are several grounds you can cite as leading to the dissolution of marriage. In fact, domestic violence and abuse are both components of fault-based divorce.
If a spouse physically or emotionally abuses their partner, that constitutes grounds for a fault-based divorce.
Safely Filing For Fault-Based Divorce
As previously mentioned, you must be able to demonstrate that these actions led to the end of the marriage. This may include:
Medical records or documentation that demonstrate abuse has taken place.
Police reports that detail the abuse that occurred in the home.
Friends or family that can provide eyewitness testimonies.
While you can opt to file for a divorce alone, this is not advisable in domestic violence situations. An attorney with experience in these cases will be able to safely guide you through the process and grant you orders of protection if necessary.
Caring and Compassionate Attorneys in Suffolk
If you or one of your loved ones is going through domestic violence, know that they are not alone. Our compassionate team of attorneys is ready to lend a helping hand to those in the Suffolk community.
Reach our office today at (757) 926-0078 to schedule a consultation.