What are the grounds for divorce in Virginia?

On Behalf of | Feb 18, 2020 | Divorce |

When filing for a divorce, you need to state a reason for wanting to end the marriage. The reason for your divorce is the grounds upon which you file. You do not always need a specific reason, but you will have to follow the law for filing for a divorce.

The Virginia Law Library explains that in any case without specific grounds for a divorce, you must live separately before filing. If you have children, you must live separately for at least one year. If you do not have children, you need to live separately for at least six months. In both cases, the time must be continuous without any breaks.

You may also use cruelty as grounds for divorce. Any type of bodily harm is also grounds. If your spouse abandons or deserts you, then you may file on those grounds after one year.

There is also still the option to claim adultery as grounds for divorce in the state. This includes any type of extramarital affair by one spouse.

Lastly, if your spouse has a felony conviction that comes with a sentence of one or more years in confinement, this might be grounds for a divorce. You do have to show that after completion of the sentence, you did not resume living together or have no plans to resume living together.

Keep in mind that the court may require proof of claims before accepting your grounds for divorce. You may also need to show that you live apart and provide proof of that to meet the legal requirements for divorce in the state.


FindLaw Network