What are grounds for divorce in Virginia
What are grounds for divorce in Virginia
Virginia recognizes both no‑fault and fault‑based grounds for divorce. The no‑fault option requires a period of separation — six months if you have no minor children and have signed a separation agreement, or one year in other cases. Fault grounds include adultery, cruelty, desertion for one year, and conviction of a felony resulting in imprisonment for more than one year. These grounds are set out in Va. Code § 20‑91. The correct ground shapes everything from the waiting period to how property may be divided under equitable distribution. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel team concentrate their family‑law practice on helping clients navigate these requirements. To discuss your situation, reach the firm at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
No‑Fault Divorce Grounds in Virginia
Virginia law permits a divorce without assigning fault when the spouses have lived separate and apart for a continuous period. Under Va. Code § 20‑91(9)(a), a one‑year separation is sufficient regardless of whether minor children are involved. The law also provides a faster track: under § 20‑91(9)(b), the separation period is only six months if the parties have no minor children of the marriage and have entered into a written separation agreement that resolves all issues. The separation must be uninterrupted, and at least one corroborating witness must testify that the spouses have lived apart during the required time. The court will enter a final decree only after it is satisfied that the ground has been proved.
For many couples, the no‑fault route is the most pragmatic choice. It avoids the expense and acrimony of a fault trial while allowing the parties to control their own resolution through a separation agreement. Mr. Sris and his Of Counsel regularly assist clients in drafting comprehensive separation agreements and preparing the corroborating evidence necessary for an uncontested no‑fault divorce.
Fault‑Based Divorce Grounds in Virginia
Virginia still recognizes several fault grounds for divorce, each with distinct requirements and implications for property division and spousal support. The fault grounds enumerated in Va. Code § 20‑91 include:
- Adultery. Adultery is a ground for an immediate divorce without any waiting period, provided the court is satisfied with the proof. Because adultery can impact equitable distribution, courts scrutinize this evidence carefully.
- Cruelty and reasonable apprehension of bodily hurt. A spouse may seek a divorce on the ground of cruelty if the other spouse’s conduct creates a reasonable fear of physical harm. No separation period is required once the ground is established.
- Willful desertion or abandonment for one year. If one spouse voluntarily leaves the marital home without justification and remains away for at least one continuous year, the abandoned spouse may file on this ground.
- Conviction of a felony and confinement for more than one year. A divorce may be granted when the other spouse has been sentenced to confinement for more than one year after a felony conviction.
The remaining statutory grounds — sodomy or buggery committed outside the marriage — are available but rarely used in modern practice. Fault‑based divorces are contested by their nature and require a thorough presentation of evidence. Mr. Sris’s experience as a former prosecutor informs the firm’s approach to building and challenging evidence in contested divorce trials.
How Property Division Affects Divorce Grounds in Virginia
Virginia is an equitable distribution state, meaning the court divides marital property fairly — not necessarily equally — after considering the factors in Va. Code § 20‑107.3. The ground for divorce can influence the division. For example, a finding of adultery may affect the court’s analysis of the circumstances that contributed to the dissolution of the marriage. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that revised subsection (g) of the equitable‑distribution statute to address certain procedural issues involving retirement accounts. His familiarity with the statutory framework allows the firm to offer nuanced guidance on how the choice of ground can affect financial outcomes.
Law Offices Of SRIS, P.C. Addresses property division as part of a comprehensive family‑law strategy. Whether the divorce is no‑fault or based on fault, the team works to achieve a fair resolution while protecting the client’s long‑term interests.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings firsthand courtroom experience to family‑law matters, particularly when fault grounds are at issue. His Of Counsel team consists of experienced attorneys who contribute their own litigation and negotiation skills. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
The firm concentrates its family‑law practice on helping clients understand their options under Virginia law and on guiding them through the procedural requirements of the Virginia court system. Every consultation is by appointment, and the firm’s staff is available to answer initial questions at (888) 437‑7747.
Frequently Asked Questions
What are the grounds for divorce in Virginia?
Virginia offers both no‑fault and fault‑based grounds for divorce, as detailed in Va. Code § 20‑91. A no‑fault divorce requires a separation of one year, or six months if the parties have no minor children and a signed separation agreement. Fault grounds include adultery, cruelty, desertion for one year, and felony conviction with confinement over one year. The choice of ground affects waiting periods, evidentiary requirements, and potentially property division.
How long must I be separated before filing for a no‑fault divorce in Virginia?
If you have no minor children and have executed a comprehensive separation agreement, the required separation period is six months; otherwise, it is one year. The separation must be continuous, and at least one corroborating witness must testify to the fact of separation. The court will not grant the divorce until the separation period has been completed and the ground proved.
Can I file for divorce on the ground of adultery in Virginia?
Yes, adultery is a fault ground for divorce and does not require a waiting period. However, it must be proven by clear and convincing evidence, and the testimony of the spouse alone is rarely sufficient. Corroborating evidence is usually required. A proven claim of adultery can have significant consequences for property division and spousal support.
What is the impact of a fault ground on property division?
Under Virginia’s equitable distribution statute, the court may consider the circumstances that contributed to the dissolution of the marriage, including fault, when deciding how to divide marital property. While equitable distribution is not punitive, a ground such as adultery that caused the breakup of the marriage can influence the court’s determination of what is fair.
Do I need a lawyer to file for divorce in Virginia?
Virginia does not require you to hire a lawyer, but the procedural requirements — including corroborating witnesses, proper pleadings, and compliance with local court rules — can be challenging to navigate alone. Particularly when fault grounds or substantial property are involved, experienced legal guidance helps protect your rights and avoid delays. Law Offices Of SRIS, P.C. provides consultations by appointment for Virginia divorce matters.
What is the residency requirement for a Virginia divorce?
At least one spouse must be an actual bona fide resident and domiciliary of Virginia for at least six months before filing. This requirement is separate from the separation period. For example, you may satisfy the residency requirement by living in Virginia for six months, but you still must complete the required separation period (six months or one year) before the divorce can be finalized.
Can a separation agreement shorten the waiting period?
Yes, a signed separation agreement allows a no‑fault divorce to proceed after only six months of separation — provided the parties have no minor children from the marriage. The agreement must resolve all issues, including property division, spousal support, and any debts. It must be in writing and signed by both parties.
What if my spouse contests the divorce ground?
If your spouse contests the ground for divorce, the case becomes contested and will proceed through the court’s trial process. The plaintiff must present evidence sufficient to prove the ground, and the defendant may present counter‑evidence. Contested divorces take longer and require thorough preparation. The firm’s litigation experience supports clients through each stage.
How does Virginia law treat a spouse convicted of a felony?
A felony conviction resulting in confinement for more than one year is a ground for divorce from the bond of matrimony. The incarcerated spouse’s conviction must be final, and the sentence must exceed one year. This ground does not require any additional separation period once the crime has been committed and the sentence imposed.
What should I bring to an initial consultation about a Virginia divorce?
Bring any existing separation agreement, your marriage certificate, financial records (tax returns, pay stubs, bank statements, retirement account statements), and any documents related to the ground for divorce. If you are considering a fault‑based ground, any evidence supporting the claim — such as communications or witness information — is also helpful. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Is legal separation required before divorce in Virginia?
Virginia does not recognize “legal separation” as a formal status separate from divorce. You may live apart without a court order, and that period of separation can later serve as the basis for a no‑fault divorce. However, you may want to enter into a separation agreement to settle financial and custody issues during the separation.
Can I get an annulment instead of a divorce in Virginia?
Annulments are available in Virginia only under very limited circumstances, such as the marriage being void or voidable because of bigamy, incest, fraud, or lack of capacity. In most cases, a divorce will be the appropriate remedy. Mr. Sris and his Of Counsel can evaluate whether an annulment is a viable option in your situation.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Official sources:
Va. Code § 20‑91 ·
Va. Code § 20‑107.3 ·
Virginia Courts
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