Grounds for Divorce
Understanding
Grounds for Divorce
In Virginia, grounds for divorce or separation can be categorized into two main types: fault and no-fault grounds.
No-Fault Grounds
Separation: You can file for divorce after living separate and apart for a continuous period of:
- Six months if there are no minor children and the parties have signed settlement a agreement that addresses all issues related to the divorce.
- One year if you have minor children and/or one of the parties contests the divorce itself, or some aspect of the divorce.
Separation means that you and your spouse are not living your lives as spouses generally do / one of the spouses have decided they are finished with the marriage. This often requires living in separate residences, though there may be situations in which in-home separation may count. This is fact specific and dependent on which county you live. To be sure, please consult with one of our experienced attorneys to best address your situation.
Fault-Based Grounds
Virginia has three main grounds for divorce -
the three A’s
- abandonment, abuse, and adultery.
Abandonment, also known as desertion in Virginia, occurs when one spouse leaves the marriage without any just cause or provocation.
Abuse, also called cruelty in Virginia, typically requires physical or sexual abuse. We often have clients consult with us regarding mental or psychological abuse. While this isn’t specifically a ground for divorce, we call it constructive desertion. In other words, your spouse made life so unbearable that you had to leave the relationship.
Adultery is defined as voluntary sexual intercourse with a person that is not your spouse. See
Virginia Law on Adultery defined. For more details about adultery and how it impacts your divorce, see our page specifically about adultery (link).
Virginia also recognizes a spouse’s conviction of a felony as a ground to get divorced.
Each ground for divorce requires that you prove certain facts. Before you file for divorce, consult with an attorney to explain how your specific set of facts may or may not prove a ground for divorce.
Everything You Need to Understand to
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Separation
In Virginia, there is no “legal separation” like other states have. When we talk about separation, we are talking about when one spouse intended to no longer be married. Learn more about the important points you should consider in a seperation.
Property Division
One of the most complicated issues in divorce is the division of property. This includes the division of debt as well. Lawyers and judges call this equitable distribution. This means that property and debts are not necessarily divided equally. Rather, it will be done “equitably.” Learn more about how your property and assets may be divided in a divorce.
Spousal Support
Because divorce creates two households, each with its own set of expenses, there is often a need for one spouse to receive spousal support, sometimes called alimony. The primary reason for a court to award spousal support is to help ensure that both parties continue to live a similar standard of living to the standard they enjoyed during the marriage. Learn more about the factors that contribute to determining spousal support and how this may impact your case.
Military Divorce
First of all, thank you to our military servicemembers and their families for the many sacrifices your service includes.
Military service comes with additional, special considerations in a divorce matter. There are federal statutes and rules that take priority over the normal state laws governing divorce.
Learn more about the special considerations taken when it comes to a military divorce.
Name Change
An adult may legally change his or her name in Virginia. This can be done as part of a divorce or in a separate filing.
Learn more about name changes and how we can help you in this process.
Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements directly impact your rights and obligations in the event of a divorce. Learn more about the complexity of these agreements and how they impact your case.
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At SMITH | ASHCRAFT, we are proud to offer comprehensive legal services throughout Virginia. Whether you’re in Richmond, Northern Virginia, the far reaches of Roanoke, or any other part of the state, our experienced team is here to provide experienced representation tailored to your unique needs. No matter where you are in Virginia, we’re committed to delivering the same high level of service and dedication to each client, ensuring your case receives the attention it deserves.

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