What are grounds for divorce in Virginia
If you are considering a divorce in Virginia, the first question is which legal ground applies to your situation. Virginia law permits both no‑fault and fault‑based divorces, each with distinct requirements. Law Offices Of SRIS, P.C., founded in 1997 and serving clients across the Commonwealth, helps individuals understand their options and pursue a path that fits their circumstances. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results in family law matters, including divorces involving complex property division, custody disputes, and cross‑border issues. Results may vary. The specific ground you choose affects the required separation period, the timeline to final decree, and sometimes the division of property. For guidance on which ground fits your case, reach our location at (888) 437‑7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Virginia Code § 20-91 sets out the statutory grounds for a divorce from the bond of matrimony.
Source: Va. Code § 20-91. Virginia Legislative Information System
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Virginia Divorce Grounds Under Va. Code § 20-91
Virginia is an equitable distribution state, and the ground for divorce can influence the classification and division of marital property. The statute provides both no‑fault separation grounds and several fault‑based grounds. The Circuit Court has exclusive jurisdiction over a suit for divorce, and at least one party must have been a resident and domiciliary of Virginia for six months before filing.
No‑fault divorce: Under § 20-91(9), a divorce may be granted after a one‑year separation, or after only six months if there are no minor children of the marriage and the parties have signed a written separation agreement resolving all property and support issues. Separation means living apart without cohabitation, though the parties may live under the same roof if they pursue separate lives. The no‑fault path avoids the need to present evidence of wrongdoing.
Fault‑based grounds: Virginia retains fault grounds for spouses who wish to assert them. These include adultery, cruelty that creates a reasonable apprehension of bodily harm, willful desertion for one year, and conviction of a felony resulting in imprisonment for more than one year. An adultery‑based divorce carries no mandatory waiting period after filing. In a fault divorce, the court may consider marital misconduct when determining spousal support and, to a limited extent, equitable distribution. Because fault grounds can affect financial outcomes and are fact‑intensive, having an experienced attorney evaluate the evidence is important.
How Mr. Sris and His Of Counsel Handle Divorce Cases
Mr. Sris and his Of Counsel work with clients to identify the most appropriate ground based on their goals, the evidence available, and the family’s circumstances. They prepare and file the complaint in the Circuit Court of the appropriate county or city, serve the defendant, and, if needed, request pendente lite relief for temporary support or custody. Discovery, valuation of assets, and negotiation of a separation agreement often follow. Mr. Sris’s background in accounting and information systems is particularly helpful when a divorce involves business interests, stock options, or retirement accounts that require careful analysis under Virginia’s equitable distribution statute, Va. Code § 20-107.3. The team works to resolve matters through negotiation when possible but is prepared to take a case to trial when a fair settlement cannot be reached. Throughout, they keep the client informed of developments and provide realistic guidance on likely outcomes. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since the firm’s founding in 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that revised the equitable distribution provisions of Va. Code § 20‑107.3. His Of Counsel team includes attorneys with a range of backgrounds—including former civil and criminal litigators—who collectively bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. The firm serves clients from its Fairfax and Richmond locations, handling divorce matters statewide from Abingdon to Virginia Beach.
Frequently Asked Questions
What is the difference between a no‑fault and a fault divorce in Virginia?
A no‑fault divorce requires living separate and apart for a statutory period without proving wrongdoing; a fault divorce asserts misconduct such as adultery or cruelty. In a no‑fault divorce, the spouses must have been separated for either six months (if a signed separation agreement exists and no minor children) or one year. Fault grounds require evidence, but they can affect spousal support and may accelerate the process. The choice depends on the facts of your case and your goals for property division and support. Results may vary.
Does adultery affect property division in Virginia?
Adultery is one factor the court may consider under Va. Code § 20‑107.3, but Virginia is not a community property state and does not award a larger share simply because a spouse cheated. The court looks to all statutory factors, including the circumstances experienced to the dissolution and each spouse’s contributions to the marriage. Marital misconduct can also influence spousal support, but the precise impact is case‑specific. A family law attorney can help you understand how fault might affect your financial outcome. For guidance, reach our location at (888) 437‑7747.
Can I get a divorce right away if my spouse committed adultery?
Virginia does not impose a mandatory separation period before filing for divorce on the ground of adultery. However, you must prove the adultery with clear and convincing evidence, which often requires corroborating testimony or documentation. Even without a waiting period, the case must still proceed through the court’s scheduling and can take months. An attorney can assess the strength of your evidence and advise on the fastest path to a final decree. Contact Law Offices Of SRIS, P.C. to discuss your situation.
What happens if my spouse and I have children together?
If minor children are involved, a no‑fault divorce requires one year of separation, unless both spouses have signed a separation agreement and a ground with a shorter period applies under Virginia law. The court must also determine custody, visitation, and child support in the divorce proceeding. These issues can be addressed together with the divorce or separately in the Juvenile and Domestic Relations District Court. A property settlement agreement can resolve many parenting matters amicably. To learn more about custody planning during a divorce, schedule a consultation with our team.
What is a corroborating witness and why is one required?
In an uncontested divorce hearing, Virginia requires at least one corroborating witness to testify that the parties have lived separate and apart for the required period. The witness does not need to have intimate knowledge of the marriage—neighbors, friends, or family who observed the separation are common. This rule ensures that the court has independent evidence supporting the no‑fault ground. A lawyer can guide you on who qualifies and prepare the witness for testimony.
Can I get a divorce based on cruelty?
Yes, Virginia recognizes cruelty as a fault ground if one spouse’s conduct created a reasonable apprehension of bodily harm. The cruelty must be more than words or unhappiness; physical acts or threats that place the other spouse in fear are necessary. Evidence such as police reports, medical records, and witness statements is often used. Because the burden of proof is on the party alleging cruelty, presenting a strong case is critical. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss the facts of your situation.
How does desertion work as a ground for divorce?
Desertion requires that one spouse willfully abandoned the marriage for a continuous period of one year, without the other spouse’s consent and without legal justification. The separation must be with the intent to end the marital relationship. If the deserting spouse returns with a genuine offer to resume cohabitation, the ground may be defeated. Proving desertion often turns on communication records and witness accounts. An attorney can help evaluate whether the evidence meets the statutory standard.
Is a legal separation required before filing for divorce in Virginia?
Virginia does not require a court‑ordered legal separation; living separate and apart without cohabitation is sufficient. A separation agreement addressing property, support, and custody can be negotiated and signed without court involvement. If disputes arise, the agreement may be filed with the court and incorporated into the final divorce decree. This approach is common for uncontested divorces and can streamline the process. To discuss whether a separation agreement is right for you, reach our location at (888) 437‑7747.
Can I get a divorce based on my spouse’s felony conviction?
Yes, if your spouse has been convicted of a felony and sentenced to confinement for more than one year, you may file for divorce on that ground. The ground is available as soon as the conviction and sentence occur, even if the spouse is still incarcerated. The fact of the felony must be proven with official court records. This ground can affect property division and support, depending on the totality of the circumstances. For case‑specific guidance, contact Mr. Sris and his Of Counsel.
What if I want an amicable, uncontested divorce?
An uncontested no‑fault divorce is possible when both spouses agree on all issues and one party meets Virginia’s residency and separation requirements. The process typically involves negotiating a comprehensive separation agreement, preparing a complaint and accompanying affidavits, and presenting the case to the Circuit Court with a corroborating witness. Having an attorney draft the agreement helps ensure all assets, debts, and parenting issues are properly addressed. Law Offices Of SRIS, P.C. Regularly handles uncontested divorces throughout Virginia.
How long does a divorce take in Virginia?
The timeline varies by case complexity and court scheduling, but an uncontested divorce with a signed separation agreement can often be finalized several months after filing. A contested divorce, especially one involving fault grounds, business valuation, or custody disputes, may take significantly longer. The court’s calendar and the parties’ willingness to cooperate heavily influence the duration. For a better estimate based on your situation, schedule a consultation. Results may vary.
Do I need a lawyer for a divorce in Virginia?
While you are not legally required to have a lawyer, a divorce involves important rights and obligations regarding property, support, and children, and an attorney can help protect your interests. Procedural mistakes in drafting a complaint or separation agreement can delay the case or lead to unfair results. Experienced family law counsel can also identify tax implications, pension division issues, and potential grounds for modification later. For a consultation with Mr. Sris and his Of Counsel, call (888) 437‑7747.
For more information about family law representation in Northern Virginia, visit our pages on Fairfax County family law, Fairfax City family law, Falls Church family law, Prince William County family law, and Manassas family law.
Relevant Virginia primary sources: Va. Code § 20‑91 (grounds for divorce) • Virginia Judicial System.
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