Grounds for Divorce in Virginia

Under Virginia law, a divorce may be granted when one of the statutory grounds for divorce has been established. Virginia recognizes fault-based grounds, including adultery, certain felony convictions, cruelty, reasonable apprehension of bodily harm, and willful desertion or abandonment. Virginia also permits a no-fault divorce based on the parties living separate and apart for the required period of time.

1. Adultery, Sodomy, or Buggery

A divorce may be granted based on adultery that occurred before the parties’ last separation, or based on sodomy or buggery committed outside the marriage. There is no statutory separation waiting period for a divorce based on this ground. However, the party seeking the divorce must present sufficient evidence to establish the ground, and these cases can involve significant evidentiary issues.

2. Felony Conviction

Virginia law permits a divorce when, after the marriage, one spouse:

1. Has been convicted of a felony;

2. Has been sentenced to confinement for more than one year;

3. Has been confined for that felony; and

4. Has not resumed cohabitation with the other spouse after the other spouse became aware of the confinement.

A separate one-year separation period is not required for this ground.

3. Cruelty or Reasonable Apprehension of Bodily Harm

A divorce may be granted when one spouse has been guilty of cruelty or has caused the other spouse to have a reasonable apprehension of bodily harm. Depending on the circumstances, evidence may include physical abuse, threats, or other conduct that places the other spouse in reasonable fear of bodily injury.

Virginia law generally requires a one-year period from the date of the qualifying act before a divorce may be granted on this ground.

4. Willful Desertion or Abandonment

A divorce may also be granted when one spouse willfully deserts or abandons the other. The circumstances surrounding the separation are important, including whether the spouse intentionally ended the marital cohabitation and whether the conduct constituted a willful abandonment of the marriage.

Virginia law generally requires a one-year period from the date of the qualifying act before a divorce may be granted on this ground.

5. No-Fault Divorce Based on Separation

Virginia permits a divorce based on separation without requiring either spouse to prove marital misconduct.

Generally, the parties must have lived separate and apart without cohabitation and without interruption for one year. However, the required period may be reduced to six months when the parties have entered into a separation agreement and there are no qualifying minor children of the marriage.

There is no separate court filing required simply to begin the separation period. The circumstances surrounding the parties’ separation and whether the separation has remained uninterrupted can be important to establishing the required period.

A separation agreement can also resolve issues that might otherwise need to be addressed during the divorce, including property, debts, spousal support, and matters concerning children.

Property Rights After Divorce

The entry of a final divorce decree has important consequences for the parties’ property rights. Under Virginia law, a divorce decree extinguishes certain contingent rights that spouses have in each other’s real and personal property, including rights of survivorship in property held jointly or as tenants by the entirety. Property held as tenants by the entirety is converted into a tenancy in common upon divorce.

Property division itself is governed by Virginia’s equitable distribution laws. In an equitable distribution proceeding, the court classifies property as marital, separate, or part marital and part separate and determines the parties’ rights and interests in marital property and debts. The court considers statutory factors when determining an equitable distribution or monetary award.

Remarriage After Divorce

A person generally must wait until the marriage has been legally dissolved before entering into another marriage. Virginia law also places restrictions on remarriage when a final divorce decree is being appealed and its execution has been stayed.

How Raheen Law Group Can Help

At Raheen Law Group, we understand that divorce can be an emotional and stressful process. The decisions made during a divorce can affect property, finances, children, and other important aspects of your life.

Whether you are considering divorce based on separation or one of the fault-based grounds, it is important to understand the legal requirements and potential consequences before moving forward.

Our attorneys can help you understand your options, navigate the divorce process, negotiate agreements, and protect your legal interests throughout the case.

If you are considering divorce in Virginia, contact Raheen Law Group for a consultation to discuss your circumstances and legal options.