Fault and No-Fault Divorce
If you are going through a divorce, let SMITH | ASHCRAFT help you navigated your case whether it is fault based or no-fault. Click "Get Started" or fill out our quick form below and our team will reach out to you to discuss your divorce and how we can tailor a strategy specific to your needs.
Understanding Divorce Options
Understanding the distinction between fault and no-fault divorce is essential for navigating the legal aspects of a divorce. Here’s a breakdown of what you need to know:
Fault Divorce
In a fault divorce, one spouse alleges that the other is responsible for the breakdown of the marriage due to specific misconduct. Common grounds include:
- Adultery
- Abuse or cruelty
- Desertion or abandonment
- Substance abuse
- Imprisonment
Key Considerations:
Proof Required: The accusing spouse must provide evidence of the alleged misconduct.
Impact on Settlement: Fault may influence the division of assets, alimony, or child custody if the court sees the misconduct as relevant.
Jurisdiction-Specific Rules: Some states still allow fault divorces, but they are less common due to no-fault divorce options.
No-Fault Divorce
In a no-fault divorce, neither spouse needs to prove wrongdoing. The marriage is ended due to irreconcilable differences or an irretrievable breakdown.
Key Considerations:
No Proof of Fault: Both parties agree the marriage cannot continue without blaming either spouse.
Simpler Process: It is usually faster and less contentious.
Universal Availability: All U.S. states allow no-fault divorces, though the specific terminology and waiting periods vary.
Comparison
Choosing the right type of divorce can feel overwhelming. Our experienced attorneys are here to guide you every step of the way. Schedule a consultation today to discuss your situation and find the best path forward.

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Separation
In Virginia, there is no “legal separation” like other states have. When we talk about separation, we are talking about when one spouse intended to no longer be married. Learn more about the important points you should consider in a seperation.
Property Division
One of the most complicated issues in divorce is the division of property. This includes the division of debt as well. Lawyers and judges call this equitable distribution. This means that property and debts are not necessarily divided equally. Rather, it will be done “equitably.” Learn more about how your property and assets may be divided in a divorce.
Spousal Support
Because divorce creates two households, each with its own set of expenses, there is often a need for one spouse to receive spousal support, sometimes called alimony. The primary reason for a court to award spousal support is to help ensure that both parties continue to live a similar standard of living to the standard they enjoyed during the marriage. Learn more about the factors that contribute to determining spousal support and how this may impact your case.
Military Divorce
First of all, thank you to our military servicemembers and their families for the many sacrifices your service includes.
Military service comes with additional, special considerations in a divorce matter. There are federal statutes and rules that take priority over the normal state laws governing divorce.
Learn more about the special considerations taken when it comes to a military divorce.
Name Change
An adult may legally change his or her name in Virginia. This can be done as part of a divorce or in a separate filing.
Learn more about name changes and how we can help you in this process.
Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements directly impact your rights and obligations in the event of a divorce. Learn more about the complexity of these agreements and how they impact your case.
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At SMITH | ASHCRAFT, we are proud to offer comprehensive legal services throughout Virginia. Whether you’re in Richmond, Northern Virginia, the far reaches of Roanoke, or any other part of the state, our experienced team is here to provide experienced representation tailored to your unique needs. No matter where you are in Virginia, we’re committed to delivering the same high level of service and dedication to each client, ensuring your case receives the attention it deserves.

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