In the Commonwealth of Virginia, fault divorces can be filed in several ways. The most common cases are desertion, cruelty, adultery, and felony convictions. This fault divorce must then be categorized in one of two ways. If you file for an “absolute divorce” (sometimes referred to as “divorce from the bond of matrimony”), you will likely still be subject to the year of separation before proceedings can be put in motion. The other approach, however, functions more like a legal separation. This type of divorce, known as a “divorce from bed and board” (or “a mensa et thoro”) is when you are not cohabitating, but retain marital benefits like insurance and other benefits. A divorce from bed and board is most typically filed when it is necessary for one spouse to leave the home and marriage immediately. During the time of a divorce from bed and board, proceedings toward an absolute divorce can move forward, but until an absolute divorce is finalized, neither party can legally remarry. In many cases, a divorce from bed and board is a stepping stone to a fault-based absolute divorce, and can (very rarely) get around the typical year of separation. It is more common for the parties to reach their year of separation before the divorce is finalized. During this time, the spouses are still technically married but can work toward asset division, custody, etc. After a year or more, a divorce from bed and board can be merged into an absolute divorce and is commonly granted in this fashion by Virginia courts.