Virginia Divorce "Grounds" (provided by Jeff Krause, Attorney at Law)
Virtually all States now have "no-fault" grounds for divorce. Most of these States also, still, have available the traditional "fault" grounds (primarily, adultery, cruelty, desertion and "constructive desertion"). D.C. is an exception to this "rule"; the only grounds for "absolute divorce" (i.e., the type which frees one to remarry) in D.C. are the "no-fault" grounds (although, even in D.C., "fault" may have relevance regarding the more difficult and dynamic issues). Because of the relative expeditiousness and inexpensiveness of the "no-fault" divorce process, as a practical matter, these days, the only rational reasons people use the "fault" grounds are in connection with the more difficult issues. And, even where cases are initiated on "fault" grounds (in Virginia), once these other issues are settled, because of speed and cost factors, usually, the divorce is in fact "finalized" on the applicable "no-fault" ground.
Even in Virginia, at least since and after the late 1980's, our Courts have made it increasingly clear that "personal fault" in dissolving a marriage usually tends to be rather irrelevant in terms of resolving "the dynamic issues. " Primarily, adultery (which "causes dissolution of the marriage") of the person seeking spousal support ; and, regarding custody and visitation issues, "exposing" minor children to overnight (and other) visits by "friends" of the opposite sex (even after divorce!) -- are the remaining verboten items.
Shell,
How many years is considered a "long-term marriage" for the purposes of permanent spousal support in VA? I see you're married 12 years; I know in Florida, it's 15.
I certainly think there is more than enough here for your attorney to be able to prevent your husband from "throwing you out of your home," of which you are legally entitled to half. Yes, he can OFFER to buy out your half, but you don't have to ACCEPT his offer, or at least you can delay it (citing "poor real estate market conditions," for example).
If your lawyer isn't more confident, and willing to fight for you, perhaps you need to get another lawyer.
