Grounds for a Virginia Divorce

by Grant T. Moher

A final divorce decree may be granted to a spouse based on one of several grounds:

• “Separation,” sometimes referred to as “no-fault” is the most common grounds for divorce in Virginia and is based on husband and wife having lived separate and apart without any cohabitation and without interruption for one year or more. Where there are no minor children, and the parties have entered into a separation agreement, the required period of separation is only six months.
• Willful desertion or abandonment, followed by one year of separation
• Adultery; or sodomy or buggery committed outside the marriage
• Cruelty, followed by one year of separation

As to adultery, sodomy or buggery, a divorce shall not be granted if it appear that the parties voluntarily cohabited after the other spouse has knowledge of the fact of adultery, sodomy or buggery or if it occurred more than five years before the divorce was filed, or that it was committed by the procurement or connivance of the party making the allegation.

Your attorney, as appropriate, will explain grounds for divorce or annulment that apply to narrow and limited circumstances. Examples include:

• Bigamy
• A felony conviction resulting in a sentence of more than one year followed by actual confinement
• Fraud

Virginia Circuit Courts have jurisdiction in divorce cases and for annulling or affirming a marriage. However, no suit for divorce or for annulling a marriage may proceed, unless one of the parties is and has been an actual bona fide resident and domiciliary of Virginia for at least six months preceding the filing of the suit.

Special rules are set forth in Virginia’s statutory law dealing with residence and domicile issues of members of the Armed Forces of the United States stationed or residing in Virginia. Any attorney within the firm of Shoun, Bach, Walinsky & Curran, P.C., can provide particulars as to this statute, as well as further details on all Virginia laws dealing with grounds of divorce and processing of suits for divorce.