What is Divorce from Bed and Board in Virginia?

Divorce from bed and board is a type of separation in Virginia that allows couples to live separately without ending their marriage completely. It’s relatively uncommon but can be useful for couples who don’t want to fully dissolve their marriage—usually for personal or religious reasons.

Wondering if this type of divorce might be the right choice for you? Let’s talk. Call Olmstead & Olmstead at 703-361-1555 to schedule a consultation now.

Legal Reasons for Filing

In Virginia, you can file for a bed and board divorce based on certain reasons. One common reason is cruelty, which can include physical abuse or behavior that makes it unsafe to live together. A genuine fear for your physical safety is also a valid reason for a bed and board divorce. Another common reason is desertion, which happens when one spouse leaves the marital home without plans to return.

How It Differs from Absolute Divorce

In an absolute divorce, the marriage is completely legally severed, and both spouses are free to remarry. However, in a bed-and-board divorce, the couple remains legally married but lives separately. This type of divorce allows couples to stay married for personal or religious reasons while still being technically married. A bed-and-board divorce does not allow for remarriage since the marriage bond is still legally intact.

Process of Obtaining Bed and Board Divorce

To start the process for a bed and board divorce in Virginia, you first need to file a petition with the local circuit court. This complaint should include the grounds for the separation, such as cruelty or desertion. After you file the complaint, your spouse will be served and the court will schedule a hearing. The court grants a bed and board divorce after the important factors of your separation—for example, child support and custody—have been decided.

Do You Need a Lawyer?

A lawyer can provide valuable advice, make sure all paperwork is correctly filed, and represent you in court. This can be especially helpful if the case is complicated or if there are disagreements between you and your spouse. Bed and board divorces can be fairly complicated, as they keep you legally tethered to your spouse in some way unless you decide to merge it into a full divorce. You’ll likely find it helpful to talk to an attorney about how to ensure that you are legally protected under the terms of your divorce from bed and board.

Effects on Property and Children

When it comes to property and children, a bed-and-board divorce can operate largely the same as a standard divorce. The court can step in to divide property fairly between both spouses. This includes assets like homes, cars, and bank accounts. Each spouse’s needs and contributions are considered to ensure a fair division.

For children, the court may set arrangements for custody and support. Custody decisions will focus on the best interests of the child, including who the child will live with and how visitation will work. Support payments might be required to help cover the child’s needs, such as education, healthcare, and daily expenses. Even though the marriage isn’t fully ended, these steps provide a structured approach to handling important matters during the separation.

Converting to Absolute Divorce

If you decide that you want to fully end your marriage after a bed and board divorce, you can 

apply to convert it into an absolute divorce. In Virginia, you need to meet certain requirements for this conversion. Usually, you must have been living separately for at least one year. Once you’ve met this requirement, you can file for an absolute divorce, which will legally end your marriage and allow you to remarry if you choose. The process involves submitting additional paperwork to the court, where a judge will review your case and finalize the divorce.

Explore Your Legal Options with Olmstead & Olmstead

The team at Olmstead & Olmstead is here to help you with your family law needs, whether you’re pursuing an absolute divorce or a divorce from bed and board. Set up a time to meet with our team now by calling us at 703-361-1555 or getting in touch with our team online.