What are grounds for divorce in Virginia
Virginia law recognizes both fault and no‑fault grounds for divorce. The specific ground you choose affects waiting periods, property division, spousal support, and how the case proceeds through the court. Mr. Sris and the firm’s Of Counsel attorneys handle contested and uncontested divorce matters under Va. Code § 20‑91, appearing in circuit courts across the Commonwealth. You do not need to prove fault to obtain a divorce — a period of separation is sufficient — but fault grounds remain available and can influence the outcome of equitable distribution and support. For guidance on the ground that fits your situation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Grounds for divorce in Virginia under Va. Code § 20‑91
Virginia Code § 20‑91 lists the grounds a circuit court may consider when granting a divorce from the bond of matrimony. The statute is organized around two categories: fault‑based grounds and no‑fault separation grounds. Virginia is an equitable distribution state, meaning the court distributes marital property based on fairness rather than an automatic 50‑50 split. The choice of ground can affect the court’s consideration of the 11 equitable‑distribution factors under Va. Code § 20‑107.3, as well as requests for spousal support.
Fault grounds include adultery, cruelty or reasonable apprehension of bodily hurt, willful desertion or abandonment for one year, and felony conviction resulting in confinement for more than one year. Adultery does not require a separation period, but the accusing spouse must provide clear and convincing evidence. Cruelty and desertion claims require proof of conduct that makes continued cohabitation unsafe or intolerable. A felony conviction ground is available when the convicted spouse has been sentenced to confinement for more than one year and is actually confined.
No‑fault grounds are the most common route. Under Va. Code § 20‑91(9)(a), a divorce may be granted if the parties have lived separate and apart for one year. If the parties have no minor children and have signed a written separation agreement, the waiting period is reduced to six months under § 20‑91(9)(b). The separation must be continuous and accompanied by the intent that the separation be permanent.
How Mr. Sris and the firm’s Of Counsel attorneys handle divorce cases in Virginia
Mr. Sris and the firm’s Of Counsel attorneys work with clients to identify the most appropriate ground for divorce based on the facts of the marriage, the client’s goals, and the likely response from the other side. When fault grounds are alleged, careful attention is given to the evidence required and the potential impact on property division and support. For no‑fault separations, the firm assists with drafting the separation agreement, meeting the statutory separation requirements, and presenting corroborating testimony at the final hearing.
The process begins with a consultation during which the attorney explains the grounds, the procedural steps, and the realistic timeline. If a separation agreement is appropriate, counsel negotiates terms covering property, debt, support, and, when applicable, child‑related issues. When the parties cannot agree, litigation proceeds through the circuit court. Mr. Sris has appeared in circuit courts across Virginia and works with Of Counsel attorneys who have extensive experience in Virginia family law matters. Throughout the case, the firm’s focus remains on protecting the client’s interests while working to resolve the matter efficiently.
About Mr. Sris and the firm’s Of Counsel attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted to practice 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), which revised the equitable distribution statute. His understanding of Virginia’s domestic relations laws is informed by years of courtroom experience and direct engagement with the legislative process.
The firm’s Of Counsel attorneys bring extensive collective experience in family law. They work closely with Mr. Sris on divorce matters, assisting with contested hearings, separation agreements, and property division issues. Every case receives a thorough review of the applicable grounds and the practical considerations that go with each. The firm’s team approach means clients benefit from multiple experienced perspectives while maintaining continuity with the lead attorney throughout the matter.
Frequently asked questions
What is the difference between fault and no‑fault divorce in Virginia?
Fault grounds require proof of marital misconduct, while no‑fault grounds require only a period of separation. A fault‑based divorce may eliminate the waiting period entirely — for example, adultery has no separation requirement — but it demands clear and convincing evidence. A no‑fault divorce under Va. Code § 20‑91(9) requires the parties to live separate and apart for either six months or one year, depending on whether minor children are involved and a separation agreement has been signed. Fault may influence property division and spousal support, so the choice of ground carries strategic weight.
How long do I have to be separated before filing for divorce in Virginia?
For no‑fault divorce, you must be separated for either one year or six months depending on your circumstances. The one‑year separation period applies in most cases. The six‑month period is available only when there are no minor children of the marriage and the parties have signed a written separation agreement resolving all issues. The separation must be continuous, with at least one party intending the separation to be permanent. The clock starts when the parties begin living apart with that intent.
Can I get a divorce in Virginia if my spouse does not agree?
Yes, Virginia law does not require both spouses to consent. You can obtain a divorce on no‑fault grounds after meeting the required separation period, even if your spouse objects. In a contested case, the court will still grant the divorce if the statutory grounds are proven. If your spouse contests fault allegations, you will need to present evidence at a hearing. The firm’s Of Counsel attorneys have experience handling contested divorce trials when agreement is not possible.
Does adultery affect property division in a Virginia divorce?
Yes, adultery can affect equitable distribution and spousal support. While Virginia divides marital property based on the 11 statutory factors in Va. Code § 20‑107.3, a spouse’s marital misconduct, including adultery, is one factor the court may consider. Adultery can also bar the adulterous spouse from receiving spousal support under certain conditions. Proving adultery requires clear and convincing evidence, not mere suspicion. The firm helps clients assess the strength of the evidence and decide whether a fault‑based filing is in their interest.
Do I need a lawyer for a divorce in Virginia?
You are not legally required to hire a lawyer, but divorce involves long‑term financial and parental rights that are difficult to correct later without legal guidance. An experienced family law attorney can identify the proper ground, ensure compliance with procedural requirements, and negotiate an agreement that protects your interests. Even in uncontested cases, mistakes in the separation agreement or the final decree can create problems years later. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What is the residency requirement for divorce in Virginia?
At least one spouse must be a bona fide resident and domiciliary of Virginia for six months immediately before filing. This requirement appears in Va. Code § 20‑97. A member of the armed forces stationed in Virginia may meet the requirement, as may a person who has moved to Virginia and established a domicile. The six‑month clock must be satisfied before the complaint is filed. The firm’s attorneys can confirm whether your residency situation meets the statutory threshold before you begin the process.
Related pages:
Fairfax County Family Law Lawyer ·
Prince William County Family Law Lawyer ·
Falls Church Family Law Lawyer ·
Virginia Divorce Lawyer
Case results depend on a variety of factors unique to each case.