What are grounds for divorce in Virginia

Virginia law sets out specific reasons—called grounds—on which a court may grant a divorce. Under Va. Code § 20-91, a spouse can seek either a no‑fault or a fault‑based divorce. No‑fault divorce requires the parties to have lived separate and apart for one year, or for six months if there are no minor children and the couple has signed a property settlement agreement. Fault grounds include adultery (which has no waiting period), cruelty, willful desertion for one year, and a felony conviction resulting in a sentence of more than one year. The ground you choose can affect the timeline, property division, and spousal support. If you have questions about which ground applies to your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a confidential consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Virginia Divorce Grounds Explained

Virginia’s divorce statute, Va. Code § 20-91, is organized into fault and no‑fault categories. The no‑fault ground under subsection (9)(a) permits a divorce after the parties have lived continuously separate and apart for one year. If the parties have no minor children and have entered into a written separation agreement, the separation period is shortened to six months under subsection (9)(b). No‑fault divorce is often the least contentious path and is widely used when both sides agree on all major issues.

Fault‑based divorces are authorized by subsections (1) through (8). Adultery requires proof of the extramarital relationship; it carries no mandatory separation period, but it can affect spousal support. Cruelty—defined as conduct that endangers a spouse’s life or health or makes cohabitation unsafe—is also a statutory ground. Desertion requires one spouse to have willfully abandoned the other for a full year. A spouse’s conviction and sentence to more than one year of imprisonment may be cited as a fault ground as well. If a fault ground is proven, the court may consider it when determining equitable distribution and support. For procedural guidance, Law Offices Of SRIS, P.C. helps clients prepare the necessary pleadings and identify the most appropriate ground.

Frequently Asked Questions

What are the no‑fault grounds for divorce in Virginia?

A no‑fault divorce in Virginia is available after the parties 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. This is the most common divorce path. The separation must be continuous and the parties must intend the separation to be permanent. A corroborating witness is required to confirm the separation and residency at the final hearing.

What fault grounds does Virginia recognize?

Virginia recognizes four fault grounds: adultery, cruelty, willful desertion for one year, and a felony conviction with a sentence of more than one year. Each requires evidence. Adultery has no waiting period but must be proved by clear and convincing evidence. Cruelty means physical harm or reasonable fear of harm. Desertion must be intentional and uninterrupted for a year. The felony ground requires the spouse to have been sentenced to confinement for a felony after the marriage.

How long must we be separated for a no‑fault divorce?

The separation period is either one year or six months, depending on whether there are minor children and a signed separation agreement. For couples without minor children who have a written property settlement, the six‑month clock begins when the agreement is signed and the parties start living apart. For all others, one year of continuous separation is required. Cohabitation, even briefly, may reset the clock.

Can I get a divorce immediately if my spouse committed adultery?

Adultery, if proven, allows a divorce without any waiting period. However, the allegation must be supported by clear and convincing evidence, which often requires more than mere suspicion. Even if adultery is established, the court may still need time to resolve property, support, and custody issues, so a divorce decree may not be entered immediately.

Does cruelty have to be physical to be a ground for divorce?

Cruelty under Virginia law includes physical harm, but also conduct that creates a reasonable apprehension of bodily hurt. A single act of violence or a pattern of threatening behavior can qualify. The spouse filing for divorce must show that living together has become unsafe or intolerable. Verbal abuse alone may not be enough unless it causes a genuine fear of harm.

What is the difference between no‑fault and fault divorce in Virginia?

A no‑fault divorce is based on separation and does not require proving wrongdoing; a fault divorce is based on specific misconduct. Fault grounds can affect spousal support and property division, and may eliminate a waiting period. However, proving fault can make the case more contentious and expensive. Many spouses choose a no‑fault path even when fault exists to avoid prolonged litigation.

Can I use desertion as a ground if my spouse left the home?

Yes, if your spouse left voluntarily and without justification for a continuous year. The desertion must be willful—meaning the spouse intended to end the marital relationship and did not return. If you asked your spouse to leave or they left because of your misconduct, the court may not find desertion. Contact an attorney to evaluate whether this ground fits your situation.

What role does a separation agreement play in a Virginia divorce?

A separation agreement settles all property, support, and custody issues and is required for the six‑month no‑fault option. Even in a one‑year separation, a signed agreement can simplify the case. The agreement must be in writing and signed by both parties. When incorporated into the final decree, its terms become enforceable as a court order.

What court handles divorce cases in Virginia?

Virginia Circuit Courts have exclusive jurisdiction over divorce cases. The local Circuit Court where either party lives will hear the divorce, equitable distribution, and spousal support matters. Juvenile and Domestic Relations District Courts handle custody and support when no divorce is pending. Your attorney will file a Complaint for Divorce in the appropriate Circuit Court.

Do I need an attorney to file for divorce in Virginia?

You are not legally required to hire an attorney, but divorce involves complex legal and financial issues that can affect your rights for years. An experienced attorney can help identify the appropriate ground, prepare a valid separation agreement, and ensure all procedural requirements—such as the corroborating witness—are met. For assistance, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced in Virginia since 1997. A former prosecutor, he draws on trial experience to represent clients in family law matters throughout the Commonwealth. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Of Counsel attorneys—experienced practitioners in their own right—collaborate on divorce, custody, and support cases. Together, Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to each matter. To discuss your divorce, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.

Explore our statewide family law practice: Virginia Family Law Attorneys | Fairfax Divorce Lawyer | Richmond Divorce Attorney | Virginia Beach Divorce Lawyer

Attorney advertising. Prior results do not guarantee a similar outcome.

Case results depend on a variety of factors unique to each case.