What are grounds for divorce in Virginia
Virginia law establishes specific grounds for divorce under Va. Code § 20‑91. A divorce may be granted based on no‑fault separation or on fault grounds such as adultery, cruelty, desertion, or a felony conviction. The ground you choose affects property division, spousal support, and the timeline of your case. Law Offices Of SRIS, P.C. helps clients evaluate which ground is most appropriate for their situation and pursues the divorce in the Virginia circuit court with jurisdiction over the matter. To request a consultation with an experienced family law attorney, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Virginia is an equitable distribution state. When a marriage ends, the court classifies property as marital or separate and divides the marital estate fairly, though not necessarily equally. The presence of a fault ground can influence the division of assets and an award of spousal support. In addition, Virginia imposes a residency requirement: at least one spouse must be a domiciliary of the Commonwealth for six months before the divorce complaint is filed.
Understanding Divorce Grounds in Virginia
Virginia’s divorce statute offers two paths: no‑fault and fault. Most divorces proceed under the no‑fault provision, which avoids the need to prove misconduct. The statute states:
Virginia law authorizes a no‑fault divorce after six months of separation if there are no minor children and the parties have a signed separation agreement, or after one year of separation otherwise.
Source: Va. Code § 20‑91(a)(9). Virginia Code
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
The separation must be continuous and accompanied by the intent to end the marriage. The parties may live in separate residences, or in some cases live separately under the same roof if they maintain separate lives.
Fault grounds are listed in Va. Code § 20‑91(1)–(8) and include adultery, cruelty that creates a reasonable apprehension of bodily harm, willful desertion for one year, and conviction of a felony resulting in confinement of more than one year. A divorce granted on fault grounds does not require a separation period; the court may enter a final decree immediately upon proof of the ground. However, proving fault typically requires evidence beyond the testimony of the parties.
When property division is involved, Virginia applies equitable distribution. The court considers factors set out in Va. Code § 20‑107.3, including the duration of the marriage, contributions of each spouse, and the circumstances that led to the divorce. Fault can be weighed as a factor, potentially reducing the at‑fault spouse’s share of marital assets or affecting a spousal support award.
How Mr. Sris and His Of Counsel Approach Virginia Divorce Cases
Mr. Sris and his Of Counsel begin by reviewing the client’s circumstances and determining whether a no‑fault or fault ground is appropriate. They gather financial records, identify marital and separate property, and, if necessary, retain forensic accountants or business valuators to value complex assets. They also discuss whether a separation agreement can resolve all issues, which may permit a faster six‑month no‑fault divorce.
The team regularly appears in Virginia circuit courts, which have exclusive jurisdiction over divorce actions. They handle every aspect of the proceeding, from filing the complaint to presenting evidence at trial. When both parties wish to avoid litigation, they negotiate property settlement and child‑custody agreements that comply with Virginia law and the court’s procedural requirements. Throughout the process, the focus remains on protecting the client’s financial interests and, where children are involved, their well‑being.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law in Virginia since 1997. He is a former prosecutor and is admitted to the bars of 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).
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to family law matters. Results may vary. In your case. Every Of Counsel attorney has extensive experience in litigation and the specific procedural demands of Virginia’s circuit courts.
Frequently Asked Questions
What are the no‑fault grounds for divorce in Virginia?
A no‑fault divorce in Virginia requires the spouses to live separate and apart for a continuous period. If there are no minor children and the parties sign a separation agreement resolving all issues, the required separation is six months. Otherwise, the period is one year. This option avoids proving misconduct and is the most common path to divorce.
What are the fault grounds for divorce in Virginia?
Virginia law permits a divorce on several fault grounds: adultery, cruelty that generates a reasonable fear of bodily harm, willful desertion for one year, and conviction of a felony resulting in more than one year of imprisonment. A divorce on fault grounds may be granted without a separation period, but the accuser must present sufficient evidence of the misconduct.
How does fault affect property division in a Virginia divorce?
Virginia is an equitable distribution state, meaning marital assets are divided fairly. A spouse’s fault — such as adultery or cruelty — is one of several factors the court may consider under Va. Code § 20‑107.3. Fault can reduce the at‑fault spouse’s share of property or influence a spousal support award, but it does not automatically bar that spouse from receiving a portion of the marital estate.
Can I get a divorce in Virginia if my spouse does not consent?
Yes. Virginia is a no‑fault state; you can obtain a divorce without the other spouse’s agreement after meeting the required separation period. Even if your spouse refuses to participate, the court can grant a divorce provided you prove the ground. Fault grounds also do not require the other spouse’s consent.
What is the residency requirement for a Virginia divorce?
At least one spouse must be a domiciliary of Virginia for six months before the divorce complaint is filed. The court will verify residency as a threshold jurisdictional matter. If neither spouse meets the domicile requirement, a Virginia court may lack authority to grant the divorce.
How long does a divorce take in Virginia?
The timeline depends on whether the divorce is contested or uncontested, the complexity of the marital estate, and the court’s calendar. An uncontested divorce with a signed separation agreement may move through the process relatively quickly, while a contested case with property disputes and custody matters can take significantly longer. For an estimate based on your specific situation, request a consultation.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
This page provides general information about divorce grounds in Virginia. The content is for educational purposes and may not reflect the most current legal developments. For legal advice tailored to your circumstances, please contact our office. No attorney-client relationship is created by the use of this website.
Related resources: Virginia Family Law Attorneys · Arlington Divorce Lawyer · Fairfax Divorce Lawyer · Richmond Divorce Lawyer
Authoritative Virginia sources: Va. Code § 20‑91 · Virginia Judicial System
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