What are grounds for divorce in Virginia
Virginia law recognizes both no‑fault and fault‑based grounds for divorce. A person seeking to end a marriage must establish at least one ground recognized under Va. Code § 20‑91. No‑fault divorce is available after a period of separation—either one year or six months if the parties have a signed separation agreement and no minor children. Fault grounds include adultery, cruelty, willful desertion for one year, and felony conviction with a sentence of confinement of more than one year. Circuit courts have exclusive original jurisdiction over divorce suits under Va. Code § 20‑96, and at least one party must have been a domiciliary and resident of Virginia for six months before filing, per § 20‑97. Mr. Sris and the firm’s Of Counsel attorneys assist clients in understanding which ground applies to their circumstances. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
No‑Fault Divorce Grounds in Virginia
Most divorces in Virginia proceed on no‑fault grounds. Under Va. Code § 20‑91(9)(a), a court may grant a divorce when the parties have lived separate and apart without cohabitation for one year. The shorter six‑month separation ground is available under § 20‑91(9)(b) if no minor children were born or adopted of the marriage and the parties have signed a written separation agreement that resolves all issues, including property division, support, and custody. The separation must be continuous and uninterrupted. During the separation, living under the same roof is generally not considered living apart, even if the spouses occupy different bedrooms.
A properly drafted separation agreement is the cornerstone of an uncontested no‑fault divorce on the six‑month ground. The agreement should address equitable distribution of marital property, spousal support if any, and, where applicable, custody, visitation, and child support. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to negotiating and drafting these agreements. Results may vary.
Fault‑Based Grounds for Divorce in Virginia
Virginia continues to recognize fault grounds, which do not require a waiting period before filing. The most frequently cited fault grounds include adultery—which, if proven, can bar the adulterous spouse from receiving spousal support—cruelty or reasonable apprehension of bodily hurt, willful desertion or abandonment for one year, and conviction of a felony resulting in confinement for more than one year after the marriage. Fault‑based divorces often involve contested litigation because the ground must be corroborated by independent evidence beyond the plaintiff’s own testimony.
Choosing a fault ground may affect property division and support awards. Virginia is an equitable distribution state, and the court considers the circumstances and factors that contributed to the dissolution of the marriage when dividing marital assets and debts under Va. Code § 20‑107.3. The firm counsels clients on whether a fault ground is strategically appropriate given the specific facts of their case.
Frequently Asked Questions
What is the fastest way to get divorced in Virginia?
The fastest way is an uncontested no‑fault divorce using the six‑month separation ground if the parties have a signed separation agreement and no minor children. After the six‑month separation is complete, the plaintiff files a complaint and presents a corroborating witness at a hearing. The timeline depends on court scheduling, but many uncontested cases proceed efficiently. If the parties cannot agree, a contested divorce on fault or no‑fault grounds may take substantially longer.
Can I get a divorce in Virginia without a separation period?
Yes, if you rely on a fault ground such as adultery, cruelty, or a felony conviction, there is no mandatory separation period before filing. The plaintiff must still prove the fault ground with corroborated evidence. Adultery cases, for example, require clear and convincing evidence, which can include circumstantial proof showing both inclination and opportunity. A fault‑based divorce may move through the court system more quickly than waiting for a separation period to expire, but the litigation itself can be complex.
Do both spouses have to agree to get divorced in Virginia?
No, divorce can be granted even if one spouse does not consent. A no‑fault divorce after one year of separation does not require the other spouse’s cooperation—only proof that the parties have lived separately for the required time. A court may still grant the divorce even if the defendant objects. For the six‑month ground, however, both parties must have signed a separation agreement, so mutual cooperation is necessary for that specific path.
What does “corroborating witness” mean in a Virginia divorce?
A corroborating witness is an independent person who testifies in court to verify that the parties have lived separate and apart without cohabitation for the required period. Virginia law requires at least one corroborating witness for an uncontested divorce hearing. The witness cannot be the plaintiff and should have personal knowledge of the separation. This requirement helps ensure the grounds are not established solely by the testimony of the party seeking the divorce.
How does adultery affect a Virginia divorce?
Adultery can serve as a fault ground and, if proven, may bar the adulterous spouse from receiving spousal support. Under Va. Code § 20‑91, adultery is one of the fault grounds. Proving adultery requires clear and convincing evidence—more than a mere suspicion. The non‑adulterous spouse may raise the defense of condonation or recrimination. Adultery can also affect the equitable distribution of property if marital funds were spent on an extramarital relationship.
What is the residency requirement to file for divorce in Virginia?
At least one spouse must have been a bona fide resident and domiciliary of Virginia for six months before filing the complaint. This is a jurisdictional requirement under Va. Code § 20‑97. The plaintiff must allege and later prove Virginia residency. Active‑duty military members stationed in Virginia may also meet the requirement under certain conditions.
Are there any grounds for divorce that do not require a waiting period or separation?
Yes, several fault grounds—including adultery, cruelty, and felony conviction—do not require a waiting period or separation before filing. The plaintiff may file immediately after the ground arises. However, the case may still take months to resolve because fault grounds must be proven with corroborated evidence at an evidentiary hearing and may involve contested litigation on property, support, and custody issues.
What happens if my spouse contests the divorce?
If a spouse contests the divorce, the case proceeds as a contested matter and will require a trial or evidentiary hearing. Even if the plaintiff has a valid ground, the defendant may challenge the sufficiency of the evidence, assert defenses, or contest other related issues such as equitable distribution, spousal support, and child custody. A contested divorce takes longer to resolve and typically involves discovery, motions, and possibly the engagement of expert witnesses.
Can a separation agreement be used even if we file on fault grounds?
Yes, parties can still negotiate and sign a separation agreement regardless of the ground alleged. Even if one spouse files on a fault ground such as cruelty or adultery, the parties may reach a global settlement that resolves all financial and child‑related issues. The agreement can be incorporated into the final decree, allowing the case to conclude without a contested trial on the merits of the fault ground.
Do I need a lawyer to file for divorce in Virginia?
You are not legally required to hire a lawyer, but an attorney can help ensure the grounds are properly pleaded, the necessary evidence is gathered, and the decree is enforceable. Mistakes in the complaint, failure to meet the corroboration requirement, or an incomplete separation agreement can delay the process or lead to an unfavorable result. For a consultation about your divorce, reach Mr. Sris and the firm’s Of Counsel attorneys 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 since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys bring extensive combined legal experience to family law matters across Virginia. The team assists clients with contested and uncontested divorces, equitable distribution, spousal support, custody, and enforcement of separation agreements. Results may vary.
For additional information, visit our Virginia Family Law page, Virginia Divorce Lawyer page, Child Custody Lawyer Virginia, or Spousal Support Attorney Virginia.
Official resources: Virginia Code Title 20 – Domestic Relations · Virginia Circuit Courts
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