Grounds for Divorce in Virginia

Get Legal Help Today

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Jul 14, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Like most states, Virginia has developed specific grounds, or reasons, for divorce. If a couple wishes to divorce, they will need to understand these rules. The state of Virginia has a mix of fault and no fault divorce grounds. Depending on the circumstances, couples can seek a divorce for any number of different reasons.

Because Virginia has both fault and no fault grounds for divorce, there is a wide range of reasons you can give to get a divorce in VA. Fault grounds are used when one or both has committed some offense that indicates it is appropriate for the marriage to be terminated. No fault divorces are used when either party decides that the marriage is over, even if there was no one official event or reason that led to the split. Once the party decides that he or she wishes to be divorced from his spouse, he must file papers accordingly. 

No Fault Divorce

In Virginia, there are specific requirements for a no fault divorce including:

  • The couple must live apart for one year if they have children.
  • The couple must live apart for six months if they do not have children.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption

Fault Divorce

There are also specific reasons for a fault divorce. Fault grounds for divorce in Virginia include:

  • One party committing the offense of adultery or sodomy.
  • One party being sentenced to prison for more than one year.
  • Either party being accused or guilty of cruelty.
  • Either party willfully deserting or abandoning the other, such as by leaving to live in a foreign country or disappearing without a trace.

Whatever reason you supply for wanting a fault divorce, you must also furnish proof of that reason.

Getting Help

If you are considering divorce in Virginia, you should strongly consider speaking with a lawyer who can assist you in deciding whether a fault or no fault divorce is right for you. 

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption