We are terribly sorry to hear you are going through this. We, American Lawyers Group, are here to help you navigate through this tough time of your life. We have Divorce Lawyers in Northern Virginia that can help you escape your abusive marriage.
Just know you don’t have to be with this person anymore, please keep reading to educate yourself on your rights and how you can divorce your spouse in Virginia.
Virginia law provides protections for victims of domestic abuse, and there are specific legal pathways to end the marriage and protect yourself.
Here are the key steps and legal protections you should be aware of:
Domestic Violence Protections in Virginia
In Virginia, the following acts can be considered domestic violence pursuant to VA. Code § 18.2-57.2:
- Physical abuse (hitting, slapping, choking)
- Emotional or psychological abuse
- Threats of harm or harassment
If you are in immediate danger, the first step is to seek a protective order. This is a court order that can provide temporary relief from your abuser by ordering them to stay away from you and your home.
- Protective Orders (VA. Code § 16.1-253.1.) : You can apply for a Preliminary Protective Order if you have been a victim of abuse. This order can be granted without the abuser being present in court. If granted, it can last up to 15 days and will give you time to seek further protection.
- Permanent Protective Orders (VA. Code § 16.1-279.1.) : After the preliminary order, you can request a Permanent Protective Order, which can last for up to TWO years. Violating this order can lead to criminal charges for violation of a protective order.
If you’re a victim of domestic violence, these orders are designed to ensure your safety while you pursue the divorce process.
Filing for Divorce in Virginia
When you’re ready to file for divorce, Virginia law recognizes several grounds for divorce, including cruelty and desertion. If your marriage has been abusive, you can file for a divorce on the grounds of cruelty (physical or emotional abuse) without needing to wait the standard one-year separation period that is required for other types of divorce.
- Divorce for Cruelty: Under Virginia Code § 20-91(A)(6), if you can prove that your spouse has committed cruel acts , you do not need to wait a year for a no-fault divorce. Cruelty can be repeated physical abuse, but it can also include repeated mental cruelty.
- Separation Period: If you and your spouse have been living separately and apart for at least ONE year, you can file for a no-fault divorce, which is a common option for many couples. The one-year period is required unless you have been living apart for SIX months, have NO minor children and have a signed separation agreement.
Child Custody and Support
If you have children, you may be concerned about custody and child support. Virginia courts consider the best interests of the child (§ 20-124.3. Best interests of the child; visitation.) when making custody decisions, and they take domestic violence and abuse into account when deciding an arrangement that is safest for the children.
- Custody: If the abusive spouse has threatened or harmed the children, the court will prioritize the safety of the child and may grant sole custody to the non-abusive parent.
- Child Support: The court will also ensure that appropriate child support is ordered to ensure the financial well-being of your children.(§ 20-108.2. Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary.)
Financial Support During Divorce
If you are facing financial hardships due to your marriage, Virginia law allows for the possibility of spousal support (alimony). If your spouse has been abusive and you have been financially dependent on them, you may be entitled to receive financial support while you work to become independent.
- Spousal Support: The court will assess your ability to support yourself and whether your spouse can provide financial support. In cases of abuse, the court may consider the abusive behavior as a factor in granting higher support to the victim. (§ 20-107.1. Court may decree as to maintenance and support of spouses.)
Legal Assistance and Resources
Escaping an abusive marriage and navigating divorce can be overwhelming, but you do not have to go through this alone. It’s vital to seek legal help to ensure your rights are protected throughout the process. There are also domestic violence shelters and resources in Virginia that can help provide safe housing, counseling, and support.
- National Domestic Violence Hotline: You can also reach out to the National Domestic Violence Hotline at 1-800-799-SAFE (7233) for immediate assistance and guidance on how to get out of an abusive situation.
- Virginia Domestic Violence Programs and Shelters: https://www.domesticshelters.org/help/va
Contact the American Lawyers Group
Remember, you have the right to live free from fear and abuse. If you are ready to take action, our experienced Divorce Lawyers in Northern Virginia are here to assist you every step of the way. Call us today at to schedule a consultation.
Disclaimer: This article is not actual legal advice and is only meant for blog/content purposes.