Grounds for Divorce In Virginia

Written by: Kate Beurmann-O’Neill

Virginia law requires that any party seeking a divorce provide a reason for such a request.  The reasons – or the “Why” – for requesting a divorce are known as grounds for divorce.  A ground for divorce can be what used to be called “irreconcilable differences” and informally referred to as a no-fault divorce, which requires living separate and apart for a period of at least one year.  A party’s reason for requesting a divorce can be for another very specific reason listed in the Code of Virginia, informally referred to as fault grounds.

Virginia law recognizes both fault-based and no-fault divorces, and the path you take can affect everything from the timeline of your case to property division and support. Here’s what you should know.

No-Fault Divorce in Virginia

A common way to end a marriage in Virginia is through a no-fault divorce. This simply means neither spouse is asking the Court to award a divorce based upon a specific fault-based ground. Instead, you must show:

• You’ve lived separate and apart for at least one year; OR
• Only six months if you and your spouse have a written separation agreement and no minor children.

Fault-Based Divorce in Virginia

Sometimes, couples request a divorce on one or more fault grounds if one spouse’s behavior caused the breakdown of the marriage, and that behavior meets the legal definitions of the statutory grounds listed in the Virginia Code. Fault-based grounds for divorce in Virginia include:

• Adultery – If one spouse has sexual intercourse with someone not their spouse during the marriage
• Cruelty – Physical abuse or reasonable apprehension of bodily harm.
• Desertion or Abandonment – One spouse willfully leaves without justification.
• Felony Conviction – A spouse is convicted of a felony and sentenced to at least one year in prison.

Whether or not fault grounds or no fault grounds are pleaded, the reasons for the dissolution of the marriage can impact how the court views property division and spousal support.

Why Legal Guidance Matters

Every divorce is unique. Choosing the right legal ground to include in your Complaint for Divorce is an important first step that can shape the outcome of your entire case. Speaking with a family law attorney in Virginia ensures you understand your rights and options before you file.

If you have any questions, please call Kate Beurmann-O’Neill at 703-369-4738 or info@vfnlaw.com.

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer