What Are the Grounds for Divorce in Virginia?
When couples find themselves in the difficult position of contemplating divorce, one of the first questions they may have is “What are the grounds for divorce in Virginia?” Grounds for divorce refer to the legal reasons recognized by the state that allow a married couple to legally end their marriage. In Virginia, there are both fault-based and no-fault grounds for divorce, providing couples with options depending on their unique circumstances.
Fault-Based Grounds for Divorce
In Virginia, couples may file for divorce based on fault if certain grounds are established. These grounds include adultery, cruelty, desertion, and felony conviction. Let’s take a closer look at these fault-based grounds:
1. Adultery. Adultery is considered a fault-based ground for divorce in Virginia. To establish this ground, the spouse seeking the divorce must show clear and convincing evidence that the other spouse engaged in sexual relations with someone outside the marriage. This evidence may include witness testimony, photographs, or other compelling evidence.
2. Cruelty. Cruelty refers to cruel and vicious conduct that endangers the life or health of a spouse, making it impossible to continue the marriage. It can include physical or emotional abuse. To prove cruelty as grounds for divorce, evidence such as medical records, police reports, or testimonies from witnesses may be presented.
3. Desertion. Desertion occurs when one spouse willfully leaves the other spouse without any justification and with the intent to end the marriage. For desertion to be grounds for divorce, the desertion must have lasted continuously for at least one year.
4. Felony Conviction. If a spouse has been convicted of a felony and has been sentenced to confinement for more than one year, the innocent spouse may file for divorce based on this fault-based ground. The conviction must have occurred after the marriage took place.
No-Fault Grounds for Divorce
In addition to fault-based grounds, Virginia also recognizes no-fault grounds for divorce. No-fault divorce allows couples to dissolve their marriage without assigning blame to either party. The two primary no-fault grounds for divorce in Virginia are:
1. Separation. To file for divorce based on separation as a ground for divorce, the spouses must have lived separate and apart without cohabitation for a period of at least one year (six months if there are no children and the spouses have entered into a separation agreement).
2. Divorce from Bed and Board. A divorce from bed and board is a legal separation decreed by the court, but it does not dissolve the marriage. To obtain this type of separation, there must be evidence of cruelty, willful desertion, or abandonment by the other spouse. The spouses will live separately, and the court may determine how property, custody, and support issues will be addressed.
Choosing the Appropriate Grounds
Deciding which grounds to pursue in a divorce depends on various factors, including the individual circumstances of the couple. It is essential to consult with an experienced divorce attorney to determine the most appropriate grounds for your case and to guide you through the legal process.
However, it’s important to note that even with fault-based grounds, Virginia law does not require the court to consider marital misconduct when determining the distribution of assets or spousal support. Marital fault may be considered in certain cases involving child custody or visitation issues, but the primary focus in Virginia is on equitable distribution and the best interests of the child.
Understanding the grounds for divorce in Virginia and their implications is crucial in making informed decisions about the dissolution of a marriage. If you are considering a divorce or require legal assistance related to family law matters, it is vital to consult with a knowledgeable and dedicated divorce attorney who can provide personalized guidance based on your specific situation.
