What are grounds for divorce in Virginia
Virginia law establishes specific grounds upon which a court may grant an absolute divorce. The most commonly used path is no-fault divorce, available either after a one-year separation or after a six-month separation when the parties have no minor children and have entered into a written separation agreement. Fault-based grounds—including adultery, cruelty, willful desertion for one year, and conviction of a felony resulting in imprisonment for more than one year—do not require a separation period before filing. Understanding which ground fits your situation is critical, because the choice of ground can affect property distribution, spousal support, and the timeline for finalizing the divorce. Mr. Sris and his Of Counsel handle divorce matters throughout Virginia and can explain how the grounds apply to your circumstances. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the Grounds for Divorce in Virginia
Virginia Code § 20‑91 sets out the legal reasons a circuit court may dissolve a marriage. The statute divides grounds into two categories: no‑fault and fault. Each carries distinct procedural requirements and practical implications.
No‑fault divorce under § 20‑91(9) does not require proving marital misconduct. If the couple has lived separate and apart for one year, a divorce may be granted without fault. A shorter six‑month separation is available when the parties have no minor children and have signed a property settlement agreement resolving all issues arising from the marriage. The separation must be continuous and accompanied by at least one party’s intent to end the marriage; living under the same roof, even in separate bedrooms, may not satisfy the statutory separation requirement.
Fault grounds are listed in § 20‑91(1) through (7). Adultery, sodomy, or buggery committed outside the marriage is a ground for divorce with no required separation period. Cruelty that causes a reasonable apprehension of bodily hurt, willful desertion or abandonment for one year, and a felony conviction resulting in confinement for more than one year are also recognized fault grounds. Proving fault may allow the court to grant a divorce immediately upon establishing the ground, and fault can influence equitable distribution and spousal support determinations under Virginia law. Mr. Sris and his Of Counsel can evaluate whether pursuing a fault‑based divorce aligns with your goals.
Frequently Asked Questions About Virginia Divorce Grounds
What does “living separate and apart” mean for a no‑fault divorce?
Living separate and apart means the spouses have stopped cohabiting as a married couple and at least one intends to permanently end the marriage. Physical separation alone is not enough if the parties continue to share a household in a marital manner. Virginia courts examine whether the couple has ceased all marital relations and whether there is an intent to remain permanently apart. Living under the same roof but in separate rooms may not satisfy the requirement unless the arrangement truly resembles two separate households.
Do I need a separation agreement for a six‑month divorce?
Yes, Virginia law requires a signed, notarized property settlement agreement that resolves all issues arising from the marriage for a divorce based on a six‑month separation. The agreement must address property division, spousal support, and if there are minor children, custody and child support—but the six‑month path is unavailable when minor children exist. The agreement must be executed before the six‑month separation period begins or during it, and the separation must continue uninterrupted for the full six months.
Can I get a divorce without my spouse’s consent?
A Virginia court may grant a divorce even if one spouse opposes it, provided the statutory ground is proven. For no‑fault divorce, the filing spouse must demonstrate the required separation period and, if applicable, the existence of a valid separation agreement. For fault grounds, corroborating evidence beyond the testimony of the parties is generally required. The court will grant the divorce if the evidence satisfies the legal standard, regardless of the other spouse’s consent.
How does adultery affect a divorce in Virginia?
Adultery is a fault ground that permits an immediate divorce without any separation waiting period. The spouse alleging adultery must present clear and convincing evidence, which can include testimony from a corroborating witness or other independent proof. If adultery is proven, the adulterous spouse may be barred from receiving spousal support, and the court may consider the adultery when dividing marital property. Because the evidentiary burden is higher than for no‑fault grounds, careful planning is necessary.
Can I file for divorce based on cruelty or desertion?
Virginia recognizes cruelty (reasonable apprehension of bodily hurt) and willful desertion for one year as fault grounds. Cruelty must involve conduct that endangers a spouse’s health or safety, not merely uncivil behavior. Desertion requires proof that one spouse voluntarily left the marital home without justification and without the other spouse’s consent, and the desertion continued for at least one year before filing. Both grounds generally need supporting evidence beyond the complaining spouse’s testimony.
What if my spouse is in prison?
If a spouse has been convicted of a felony and sentenced to confinement for more than one year, the other spouse may obtain a divorce without a separation period. The conviction must have occurred after the marriage, and proof of the conviction and sentence is required. Co‑habitation after knowledge of the conviction may bar this ground.
How long does a typical divorce take under each ground?
The timeline varies by case complexity and court scheduling. An uncontested no‑fault divorce with a signed separation agreement and satisfied separation period may move from filing to final decree in a matter of months, while a contested fault‑based divorce can take significantly longer depending on discovery, motions, and trial availability. Your attorney can provide an estimate based on the specific facts and the docket of the circuit court where the case is filed.
Do I need an attorney to prove fault grounds?
While you are not required to hire an attorney, proving fault grounds demands familiarity with rules of evidence, discovery, and trial procedure. Mr. Sris and his Of Counsel handle fault‑based divorces throughout Virginia and work toward favorable outcomes by gathering the necessary evidence, advising on what facts must be proved, and presenting the case effectively. Results may vary. past outcomes do not guarantee a similar result.
Can the grounds I choose affect property division?
Yes, under Virginia’s equitable distribution statute, the court may consider the circumstances and factors that contributed to the dissolution of the marriage, including fault grounds like adultery or cruelty. While Virginia is not a community property state, the judge has discretion to divide marital property equitably after considering eleven statutory factors, one of which is the circumstances contributing to the breakup. A fault ground may influence how assets and debts are allocated.
What if I move to another state after filing?
Virginia retains jurisdiction over a properly filed divorce case even if one spouse relocates. At least one party must have been a bona fide resident and domiciliary of Virginia for six months before filing. Once jurisdiction is established, a move does not automatically dismiss the case. However, practical considerations such as travel for hearings may arise.
About Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has represented clients in family law matters since 1997. He is 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). Together, Mr. Sris and his Of Counsel bring extensive combined legal experience to divorce and family law cases across Virginia. Their approach combines an understanding of Virginia’s statutory framework with practical guidance on how the chosen ground for divorce may affect property division, spousal support, and child‑related issues. For a consultation, call (888) 437-7747.
Virginia Family Law Resources: Virginia Code Title 20, Chapter 6 (Divorce, Affirmation and Annulment) | Virginia’s Judicial System
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