Family Law Flashcards

Under Virginia law, what is the minimum separation period required for a no-fault absolute divorce when the parties have minor children?

Answer: 1 year of continuous separation

Virginia Code § 20-91(A)(9)(a) requires at least one year of continuous separation for a no-fault divorce when minor children are involved.

Which of the following marriages is VOID (not merely voidable) under Virginia law?

Answer: A bigamous marriage entered into while a prior valid marriage exists

A bigamous marriage is void ab initio under Virginia Code § 20-38.1 because it violates the requirement that both parties be unmarried at the time of the ceremony.

Virginia recognizes which of the following as a fault-based ground for an absolute divorce?

Answer: Adultery

Adultery is a fault-based ground for absolute divorce under Virginia Code § 20-91(A)(1), which requires no waiting period.

A Virginia couple married in a state that recognizes common law marriage, meeting all that state's requirements. How does Virginia treat this marriage?

Answer: Virginia recognizes the marriage under Full Faith and Credit and conflict-of-laws principles

Although Virginia does not permit new common law marriages within its borders, it recognizes valid common law marriages lawfully formed in states that permit them.

Under Virginia Code § 20-91(A)(6), desertion as a ground for absolute divorce requires that the desertion be:

Answer: Continuous for at least one year

Virginia Code § 20-91(A)(6) requires that desertion or abandonment be continuous for at least one year before it constitutes a ground for absolute divorce.

Under Virginia Code § 20-89.1, which of the following is a statutory ground for annulment of a voidable marriage?

Answer: A party's prior undisclosed conviction of a felony before the marriage

Virginia Code § 20-89.1 provides annulment grounds including a party's prior undisclosed felony conviction, prior prostitution, or undisclosed pregnancy by another at the time of the marriage.

Under Virginia Code § 20-107.1(B), which divorce ground acts as a bar to the offending spouse receiving spousal support?

Answer: Adultery

Virginia Code § 20-107.1(B) bars a spouse who committed adultery from receiving spousal support unless the court finds denial would be manifestly unjust given the parties' comparative fault.