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Grounds for Divorce in Virginia |
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“Grounds for divorce” are the legal reasons for a divorce. Virginia law permits "no-fault" divorces if a divorcing couple demonstrates that they've lived apart, both continuously and intentionally, for a period of at least one year.
This one-year time period is shortened to only a six-month time period if no minor children are involved and the spouses have entered into a property settlement agreement.
There are different fault grounds for a divorce, separation, and annulment. There are five fault grounds for a court to grant an “absolute divorce”:
- • Adultery, sodomy, or buggery (no specific waiting period if residency requirement has been fulfilled)
- • Conviction of a felony and imprisonment for at least one year
- • Cruelty (one year of separation is required for such act. Cruelty that will support a divorce is anything that tends to cause bodily harm and renders cohabitation unsafe or that involves danger to life, the person, or health. A single act of cruelty will generally not support divorce on this ground)
- • Desertion (one year of separation for each act)
- • Voluntary separation (must live separate and apart without cohabitation for either six months with a valid separation agreement and no minor children or for one year if there is no agreement or you have minor children)
Any one of these grounds, if proven, will result in the complete dissolution of the marriage Divorce can be filed under more than one ground: for instance, adultery and desertion.
In the case of a limited divorce, there are four grounds for a court to grant a “limited divorce”:
- • Cruelty (against the child of the complaining party and/or against the complaining party)
- • Reasonable apprehension of bodily hurt
- • Desertion (construction and actual)
- • Willful abandonment
Limited divorces are usually based on either willful desertion or cruelty. Any one of the above grounds is enough for a limited divorce; a limited divorce will not completely terminate the marital status. A "Limited Divorce" in Virginia is similar to what is called a "Legal Separation" on other states. Limited divorces are very much like an absolute divorce with the major difference being that the parties cannot remarry. Limited divorces can also involve property settlements, alimony, and child support and custody.
To fully understand divorce law and family law, it may be necessary to read and interpret statutes with case law and regulatory law. It is important to check to see if laws are up date. For these and other reasons, it is always best to consult with a qualified family law attorney. The legal information on this website is not intended as legal advice and should not be relied on as such. It is intended only as an introduction to the way that the law functions in these areas.
Checked OutDivorceLawyers.com is a great way to find
Virginia divorce laws, including grounds for divorce and other legal information.
It's also the best way to find qualified Virginia separation lawyers, Virginia divorce lawyers, and Virginia alimony lawyers.
To find a checked out Virginia separation, divorce, or alimony lawyer, enter your city and state, above, and click "Find My Lawyer."
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