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 for a Bed and Board Divorce in Virginia

In Virginia, filing for a divorce from bed and board, also known as a divorce a mensa et thoro, is a significant legal step that allows a couple to separate and live apart while remaining legally married. The legal system in Virginia requires specific, justifiable grounds for a court to grant this type of separation. One of the most common and serious reasons is cruelty. This doesn’t just mean a few harsh words; it refers to a pattern of behavior that makes the marital relationship intolerable and unsafe. This can encompass physical abuse, such as assault or battery, or emotional cruelty that causes significant mental distress and a genuine fear for one’s physical safety. For example, if a spouse’s erratic and threatening behavior makes the other party genuinely afraid to live in the same house, this would be a strong legal ground. The court takes these claims seriously, often requiring evidence to support the allegations of cruelty.

Another key reason is willful desertion or abandonment. This occurs when one spouse leaves the marital home without the other’s consent, and with no intention of returning. The desertion must be a deliberate act, not a temporary absence for work or a family emergency. The spouse who leaves must have the clear intent to permanently end the cohabitation. A court will examine the circumstances surrounding the departure, the length of time the spouse has been gone, and any communication (or lack thereof) to determine if willful desertion has occurred. It’s not enough for one person to simply move out after a fight; the action must be a definitive and deliberate end to the marital cohabitation.

A third ground for a bed and board divorce is adultery. While often a reason for an absolute divorce, adultery can also be used as a basis for a bed and board separation. This provides a legal remedy for the non-adulterous spouse without immediately dissolving the marriage. The court will require proof of the adultery, which can be challenging to obtain, but if proven, it is a clear and valid reason to grant a bed and board divorce. These legal grounds ensure that a bed and board divorce is not a casual decision but a serious response to a fundamental breakdown of the marital relationship.

How a Bed and Board Divorce Differs from an Absolute Divorce

The distinction between a divorce from bed and board and an absolute divorce is critical and lies at the heart of their purpose and effect. An absolute divorce, or divorce a vinculo matrimonii, is the complete legal dissolution of the marriage. Once granted, the former spouses are no longer legally married and are free to remarry. All legal ties are severed, and the couple’s status changes from “married” to “divorced.” This is the type of divorce most people think of when they hear the term.

In stark contrast, a divorce from bed and board does not legally end the marriage. The couple remains legally married, but the court grants them the right to live separately. The legal status of the spouses remains “married,” which means they are not free to remarry. 

This arrangement is often chosen for specific personal, financial, or religious reasons. For example, some religious faiths may not permit an absolute divorce, but they may allow for a legal separation that permits the couple to live apart. 

Financially, staying married can sometimes have benefits, such as continued health insurance coverage through a spouse’s plan or eligibility for certain government benefits. 

The key difference is the permanence of the marital bond; in an absolute divorce, it is permanently severed, while in a bed and board divorce, it is temporarily suspended, with the couple living as if they are divorced but without the freedom to remarry.

The Process of Obtaining a Bed and Board Divorce

The process for obtaining a bed and board divorce in Virginia begins with the filing of a petition or complaint with the local circuit court. 

This initial document is the formal request to the court and must clearly state the specific legal grounds for the separation, such as cruelty, desertion, or adultery. It’s essential that the complaint is drafted accurately and includes all the necessary details to support the claim. 

Once the complaint is filed, the other spouse must be officially served with the legal papers. This formal notice ensures they are aware of the legal action and have an opportunity to respond.

Following the filing and service, the court will schedule a hearing. 

During this hearing, both parties will have the opportunity to present their case, offer evidence, and call witnesses. The court will then make a determination based on the evidence presented. 

A crucial part of this process involves the court addressing the various “important factors” of the separation. 

This includes making decisions on child custody and visitation, ensuring that the best interests of any children are protected. The court will also establish child support obligations and may address spousal support (alimony). 

The bed and board divorce is not granted until these key factors have been legally decided, providing a framework for the couple’s separate lives. It’s worth noting that a bed and board divorce can later be converted into an absolute divorce, typically after a period of separation has passed, if the parties choose to do so.

Do You Need a Lawyer? The Role of Legal Counsel

While it is technically possible to represent oneself in a bed and board divorce proceeding, the complexity of the legal system and the long-term implications of the court’s decisions make the assistance of an experienced attorney highly advisable. 

A lawyer can provide invaluable advice on the legal grounds for the separation, helping you to build a strong case with the necessary evidence. They will ensure that all the required paperwork is correctly filed with the court, which is a common area for mistakes that can cause significant delays or even the dismissal of a case.

Furthermore, a lawyer can represent you in court, advocating for your best interests in matters of child custody, support, and the division of property. This is especially crucial if there are disagreements between you and your spouse, as a lawyer can negotiate on your behalf and present a compelling argument to the judge. Bed and board divorces are particularly complex because they keep you legally tied to your spouse in many ways, which can have unforeseen legal and financial consequences down the line. 

An attorney can help you navigate these complexities, ensuring that the terms of your bed and board divorce legally protect you and your future. They can also advise you on the process of converting the bed and board divorce to an absolute divorce if you decide to fully end the marriage at a later date. Ultimately, seeking legal counsel provides peace of mind and significantly increases the likelihood of a favorable and legally sound outcome.

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.