VA Bar Family Law 2 — Questions and Answers
Question 1: Under Virginia law, what is the minimum separation period required for a no-fault absolute divorce when the parties have minor children?
- 6 months with a written separation agreement
- 1 year of continuous separation (Correct answer)
- 18 months of continuous separation
- 2 years of continuous separation
Correct 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.
Question 2: Which of the following marriages is VOID (not merely voidable) under Virginia law?
- A marriage where one party was intoxicated at the ceremony
- A bigamous marriage entered into while a prior valid marriage exists (Correct answer)
- A marriage of a 17-year-old without parental consent
- A marriage entered into based on fraudulent misrepresentation
Correct 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.
Question 3: Virginia recognizes which of the following as a fault-based ground for an absolute divorce?
- Incompatibility of temperament
- Irreconcilable differences
- Adultery (Correct answer)
- Religious objections to the marriage
Correct answer: Adultery
Adultery is a fault-based ground for absolute divorce under Virginia Code § 20-91(A)(1), which requires no waiting period.
Question 4: A Virginia couple married in a state that recognizes common law marriage, meeting all that state's requirements. How does Virginia treat this marriage?
- Virginia refuses to recognize all common law marriages regardless of where formed
- Virginia recognizes the marriage under Full Faith and Credit and conflict-of-laws principles (Correct answer)
- Virginia requires re-registration of the marriage within one year of moving to Virginia
- Virginia treats the couple as unmarried until a formal ceremony is performed
Correct 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.
Question 5: Under Virginia Code § 20-91(A)(6), desertion as a ground for absolute divorce requires that the desertion be:
- Voluntary and continuing for any duration
- Continuous for at least six months
- Continuous for at least one year (Correct answer)
- Mutual and agreed upon by both parties
Correct 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.
Question 6: Under Virginia Code § 20-89.1, which of the following is a statutory ground for annulment of a voidable marriage?
- Adultery committed during the marriage
- A party's prior undisclosed conviction of a felony before the marriage (Correct answer)
- Irretrievable breakdown of the marital relationship
- A separation of one year following the marriage
Correct 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.
Question 7: Under Virginia Code § 20-107.1(B), which divorce ground acts as a bar to the offending spouse receiving spousal support?
- Desertion for one year
- Cruelty and reasonable apprehension of bodily harm
- Adultery (Correct answer)
- Conviction of a felony and imprisonment after the marriage
Correct 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.
VA Bar Family Law 2
Under Virginia law, what is the minimum separation period required for a no-fault absolute divorce when the parties have minor children?