What are grounds for divorce in Virginia
In Virginia, the grounds for divorce from the bond of matrimony are set out in Virginia Code § 20-91. Both no-fault and fault-based grounds are available. A no-fault divorce requires that the spouses have lived separate and apart without cohabitation for one year, or for six months if they have no minor children and have entered into a written separation agreement. Fault grounds include adultery, cruelty, willful desertion for one year, and a felony conviction resulting in confinement for more than one year. Law Offices Of SRIS, P.C. assists clients across Virginia with a wide range of family law matters, from prenuptial agreements to contested divorce. To discuss your situation and learn how the grounds may apply to your circumstances, call (888) 437-7747.
Virginia’s Divorce Grounds: No‑Fault and Fault Explained
Virginia law provides two categories of divorce grounds. The most commonly used is the no‑fault ground, which does not require either spouse to prove misconduct. Under § 20-91(9)(a), the parties must have lived separate and apart without cohabitation for one year. The required separation is shortened to six months if the spouses have no minor children and have signed a property settlement agreement that resolves all issues. The separation must be continuous and the intent to end the marriage must be present.
Fault grounds remain available and, if proven, can allow the court to grant a divorce immediately without a separation period. Adultery is a fault ground that carries no waiting period once the act is established. Cruelty requires a showing of reasonable apprehension of bodily harm. Willful desertion for one year and a felony conviction that results in imprisonment for more than one year also constitute fault grounds. Virginia is an equitable distribution state, so the existence of a fault ground does not automatically determine property division; however, fault may influence spousal support and custody decisions in certain circumstances. The court considers the evidence presented when deciding whether a fault ground has been met.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His firsthand courtroom experience informs the firm’s approach to family law matters, including complex divorce litigation.
Mr. Sris and his Of Counsel bring extensive combined legal experience to every case. Results may vary. The team works with clients throughout Virginia to navigate divorce grounds, equitable distribution, and related family law issues. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Frequently Asked Questions
What is a no‑fault divorce in Virginia?
A no‑fault divorce in Virginia is based solely on the spouses living separate and apart for a statutory period. If there are no minor children and the parties have signed a separation agreement, the required separation is six months; otherwise it is one year. Neither party needs to prove misconduct. The court will grant the divorce once the separation is established and a corroborating witness provides the necessary testimony.
What fault grounds are available under Virginia law?
Virginia recognizes four fault grounds: adultery, cruelty, willful desertion for one year, and a felony conviction resulting in imprisonment for more than one year. Adultery requires proof of the extramarital relationship. Cruelty involves a reasonable apprehension of bodily harm. Desertion must be willful and continuous. The felony conviction ground applies when the spouse is incarcerated for more than one year after sentencing. A fault‑based divorce may be granted without a separation period.
How does adultery affect a Virginia divorce?
Adultery, if proven, eliminates the separation waiting period and can allow an immediate divorce. It may also affect spousal support; a spouse found to have committed adultery is barred from receiving support unless the court finds otherwise under certain equitable exceptions. Adultery does not automatically dictate property division, but the court may consider it when dividing assets equitably.
What is the separation requirement for a Virginia divorce?
To obtain a no‑fault divorce, the parties must have lived separate and apart without cohabitation for one year, or for six months if they have no minor children and have signed a separation agreement. The separation must be continuous and the spouses must intend to end the marriage. A reconciliation that lasts more than a short period may reset the clock.
Can I file for divorce if my spouse is incarcerated?
Yes, a felony conviction that results in confinement for more than one year is a fault ground for divorce in Virginia. The incarcerated spouse’s conviction must be final and the confinement must exceed one year. This ground does not require a separation period. If you rely on a no‑fault ground, the separation period still applies.
What is equitable distribution in a Virginia divorce?
Equitable distribution is Virginia’s method of dividing marital property upon divorce; it does not automatically mean a 50/50 split. The court classifies property as marital, separate, or hybrid, then distributes marital property using factors set out in Virginia Code § 20-107.3. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635, which revised subsection (g) of that statute concerning retirement plan division.
Do I need a lawyer to get divorced in Virginia?
You are not required to hire a lawyer, but legal guidance can help protect your rights, especially when fault grounds or significant assets are involved. The court processes require pleadings, service, and often corroborating testimony. An experienced family law attorney can assist with drafting a separation agreement, ensuring proper property division, and representing you at hearings.
How does desertion qualify as a fault ground?
Willful desertion means that one spouse left the marital home without justification and with the intent to abandon the marriage for one continuous year. The departure must be voluntary and not due to the other spouse’s misconduct that would justify leaving. The deserted spouse must not have consented to the separation. Once the year has elapsed, a divorce on the ground of desertion may be granted.
What is a separation agreement, and do I need one?
A separation agreement is a written contract between spouses that resolves all issues arising from the marriage, including property division, support, and custody. For a six‑month no‑fault divorce, Virginia law requires that the parties have a signed separation agreement and no minor children. The agreement can settle financial and parenting matters, allowing the divorce to proceed more quickly.
Can I get divorced if my spouse lives out of state?
Yes, as long as one spouse meets Virginia’s residency requirement of being a domiciliary and resident for at least six months before filing. The court can exercise jurisdiction over the marriage even if the other spouse resides elsewhere. Service of process must be accomplished according to law; the court may authorize alternative methods if the spouse cannot be located. For guidance, contact our firm.
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