What are grounds for divorce in Virginia
Virginia law provides both no-fault and fault-based grounds for ending a marriage. Under Va. Code § 20‑91, a spouse pursuing a divorce must establish one of the statutory grounds, and the choice of ground can affect the timeline, the division of property, and even the availability of spousal support. Law Offices Of SRIS, P.C., founded in 1997, represents clients across Virginia in family law matters, including divorce, equitable distribution, and post-decree modifications. To speak with Mr. Sris and the firm’s Of Counsel attorneys about your situation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding Virginia’s Divorce Grounds
Virginia is a hybrid jurisdiction that recognizes both no‑fault and fault‑based divorce. The ground you select shapes the procedural requirements you must satisfy before a court will enter a final decree.
No‑fault separation grounds. For couples without minor children, Virginia law permits a divorce after the parties have lived separate and apart for six months, provided they have entered into a written separation agreement that resolves all issues of property, support, and custody. When minor children are involved, or when the parties have not signed a comprehensive agreement, the required period of separation is one year. In either case, at least one spouse must have been a bona fide resident and domiciliary of the Commonwealth for six months immediately before filing.
Fault‑based grounds. Virginia also permits a spouse to file for divorce on fault grounds without the waiting period required for a no‑fault separation. The fault grounds recognized under Va. Code § 20‑91 include adultery, cruelty or reasonable apprehension of bodily harm, willful desertion or abandonment for one year, and conviction of a felony with a sentence of confinement of more than one year. When fault is proven, it can affect the division of marital property and a claim for spousal support.
How Virginia Courts Approach Grounds in Divorce Proceedings
The Virginia Circuit Court has exclusive jurisdiction over divorce actions. In a fault‑based divorce, the spouse alleging the fault must present evidence sufficient to satisfy the court. For example, an adultery claim requires clear and convincing proof, not merely suspicion. A successful fault‑based divorce may allow the court to grant the divorce without a separation period and can influence the equitable distribution analysis under Va. Code § 20‑107.3.
That equitable distribution statute is one area where Law Offices Of SRIS, P.C. has direct, verifiable experience. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised subsection (g) of the equitable distribution code. This firsthand legislative engagement equips the firm to address the interplay between the ground for divorce and the court’s property‑division authority.
Regardless of the ground selected, the court retains discretion over the classification and division of marital property. The statutory factors in § 20‑107.3 guide the court, but the outcome in any individual case depends on the specific facts. Results may vary. no prior result guarantees a similar outcome
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He focuses a significant portion of his practice on family law matters, including contested and uncontested divorce, equitable distribution, and related litigation. His background as a former prosecutor informs his courtroom approach, but his direct, personal involvement in each matter is what clients most frequently remark upon.
The firm’s Of Counsel attorneys bring extensive combined legal experience to Virginia divorce cases. They assist with complex property valuation, custody disputes, and the many procedural steps a divorce action requires. Working together, Mr. Sris and the firm’s Of Counsel attorneys help clients navigate both straightforward uncontested dissolutions and high‑conflict litigation.
To schedule a consultation, call (888) 437‑7747. Our Richmond and Fairfax locations serve clients throughout the Commonwealth, and consultations are available by appointment.
Frequently Asked Questions
What are the no‑fault grounds for divorce in Virginia?
Virginia’s no‑fault divorce ground is separation for either six months or one year, depending on whether the parties have minor children and a written separation agreement. If there are no minor children and the spouses have signed a comprehensive separation agreement, the required period is six months. If minor children are involved or there is no signed agreement, the separation must last at least one year. In both instances, one party must have been a resident and domiciliary of Virginia for six months prior to filing.
How does adultery affect a Virginia divorce?
Adultery is a fault ground that permits a Virginia court to grant a divorce without any separation period and can prevent the adulterous spouse from receiving spousal support. Under Va. Code § 20‑91, the court may grant a divorce on the ground of adultery as soon as the evidence is presented. Additionally, under Va. Code § 20‑107.1, a finding of adultery acts as a bar to an award of permanent spousal support to the offending spouse unless the court finds that denial would create a manifest injustice. The standard of proof is clear and convincing evidence.
Do I need an attorney for a divorce in Virginia even if both sides agree?
You are not legally required to have an attorney, but an experienced divorce lawyer can protect your rights in the agreement and ensure the decree is valid. Uncontested divorces that proceed with a separation agreement still require careful drafting and compliance with Virginia’s statutory formalities. A poorly drafted agreement can create future disputes over enforcement or unintended tax consequences. Mr. Sris and the firm’s Of Counsel attorneys routinely handle uncontested matters, helping clients finalize their divorce efficiently while preserving their interests.
How is property divided in a Virginia divorce?
Virginia follows equitable distribution, meaning the court divides marital property fairly, though not necessarily equally, after classifying it as marital, separate, or hybrid. The court considers factors such as the duration of the marriage, each spouse’s contributions to the well‑being of the family, and the circumstances that led to the divorce. Fault can be one of those circumstances. Because Mr. Sris testified on the legislation that refined the equitable distribution statute, Law Offices Of SRIS, P.C. maintains a working knowledge of the statutory factors and how courts apply them. Results may vary.
Can I get a divorce in Virginia if my spouse lives in another state or country?
Yes, as long as you meet Virginia’s residency requirement and the court has personal jurisdiction over your spouse—or you proceed on grounds that do not require personal jurisdiction over the absent spouse. If your spouse cannot be found or lives abroad, service of process may take additional steps, but the Virginia court can still dissolve the marriage. The firm’s experience with multi‑state and international family matters helps clients navigate the procedural requirements unique to these cases.
For further reading on Virginia divorce grounds, visit the Virginia Code Title 20 and the Virginia Circuit Courts for procedural information. For a comprehensive analysis of divorce law in Virginia, see the firm’s main practice page at https://srislawyer.com/divorce-lawyer/.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.