Get a Fast Uncontested Divorce in Virginia

Grounds for Divorce in Virginia

Virginia provides both no-fault and fault-based grounds for divorce, offering flexibility for couples based on their unique circumstances.

No-Fault Grounds for Divorce

• Living Separate and Apart: The spouses have lived separate and apart without cohabitation for at least one year. If there are no minor children and the couple has a written separation agreement, the period is reduced to six months.

Fault-Based Grounds for Divorce

• Adultery: One spouse engages in voluntary sexual intercourse with someone other than their spouse.
• Cruelty: One spouse subjects the other to cruel treatment that endangers their life or health, making cohabitation unsafe.
• Willful Desertion: One spouse willfully deserts or abandons the other for at least one year.
• Felony Conviction: One spouse is convicted of a felony and sentenced to imprisonment for more than one year.

Key Points

• Living Separate and Apart as a Common Ground: Most divorces in Virginia are filed under this no-fault ground because it simplifies the process and avoids the need to prove fault.
• Impact of Fault on Divorce Proceedings: Citing fault-based grounds can influence the division of marital property, spousal support, and child custody arrangements.
• Residency Requirements: To file for divorce in Virginia, either spouse must meet the state’s residency requirements, which include living in the state for at least six months before filing.

Conclusion

Understanding the grounds for divorce in Virginia is crucial for anyone considering ending their marriage in the state. Whether opting for a no-fault divorce based on living separate and apart or citing specific fault-based grounds, it's important to consider how the grounds might affect the divorce process, including financial settlements and child custody decisions.

Consulting with a legal professional can provide guidance tailored to an individual's specific situation.