Legal Question in Family Law in Virginia

stipulations placed on divorce

Is it possible to place a stipulation on divorce, such as if my husband does not agree to go to marriage counseling to help save our marriage he would be admitting to fault and would be the cause of the marriage failing. Or not really stipulations, but is there a way of drawing up some sort of legal document that states these same concerns and lets him know that this is what is required to save the marriage and if these steps are not taken then the next step is divorce and he would be at fault.


Asked on 5/05/01, 6:05 am

1 Answer from Attorneys
Lisa Lane McDevitt McDevitt Law Office

Re: stipulations placed on divorce

The short answer is no. There are specific grounds in VA to file a fault based divorce, these are: Adultery, Conviction of a Felony, and Cruely or Desertion. If he doesn't meet the facts for any of these you cannot file for a fault based divorce. In fact, if you continue to stay with him and try to work on the marriage after he has committed a fault ground then he can raise a defense called "condonation" and that bars your claim against him. It is important for you to speak with an attorney if you believe there is a possibility of divorce because there are things you can do now to protect your rights!

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Answered on 6/20/01, 6:07 pm


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