Legal Question in Family Law in Virginia

Legal grounds for divorce.

If a spouse deliberately exposes him/her self to someone and gets arrested, would that be considered as grounds for divorce without the one-year separation period?

Asked on 3/20/02, 11:07 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Legal grounds for divorce.

No, it would not be grounds for divorce without the one year separation period. Va. Code S20-91(Grounds for Divorce)Sec. 3 requires a conviction for a felony by one spouse subsequent to the marriage, confinement of that spouse for more than a year, and the other spouse's knowledge of the confinement with no resumption of sexual relations before such relief can be granted.

A mere arrest for indecent exposure in no way suffices as grounds for waiving the one year separation period.

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Answered on 3/20/02, 4:52 pm

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