December 6, 2021

Volume XI, Number 340

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December 06, 2021

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December 03, 2021

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Does Fault in a Divorce Make a Difference?

Virginia has grounds for divorce, namely:  adultery, desertion and cruelty.  While fault is a ground for divorce and it is something that judges are supposed to consider in dividing up assets, the majority of judges do not penalize someone because of fault.  Oftentimes, it is not financially productive to pursue a fault ground for divorce unless there is extreme fault or a tremendous amount of assets involved.   The one area where fault still does make a significant difference in Virginia is on the issue of spousal support.   In Virginia, if the party that normally would receive the spousal support is guilty of adultery, then the adultery may well be a bar to that spouse receiving any spousal support.  

Fault is something that needs to be discussed in every case but considering the trend in the law, oftentimes it is not financially productive to pursue fault unless it involves adultery and the issue of spousal support.   

© 2021 Odin, Feldman & Pittleman, P.C.National Law Review, Volume IV, Number 37
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About this Author

J. Patrick McConnell, Odin Feldman Law Firm, Family Law Attorney
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With more than 30 years of experience in Family & Domestic Relations law, Patrick McConnell represents clients who have particularly complicated matters that cross state or international boundaries, or that involve complex financial issues. His background in finance and knowledge of tax law provide insight that can lead to innovative solutions. When necessary, Patrick teams with an attorney from the firm’s Estate Planning or Corporate practice areas to assist with the preservation of wealth for his clients' children or their future generations.

Patrick is chair of the Family...

703-218-2185
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