What are grounds for divorce in Virginia

If you are considering a divorce in Virginia, the first legal question you are likely to face is what grounds you must establish. Virginia is not a pure no‑fault state; it recognizes both fault‑based and no‑fault grounds under Va. Code § 20‑91. The ground you choose affects the timeline, the way property is divided, and whether spousal support is available. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997 and represents clients at each stage of the divorce process, from choosing the appropriate ground to preparing a marital settlement agreement or litigating contested issues. Reach our firm at (888) 437‑7747 to discuss how the specific grounds for divorce in Virginia apply to your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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No‑Fault and Fault‑Based Grounds in Virginia

Virginia Code § 20‑91 lists the grounds a party may assert to obtain an absolute divorce. The most commonly used ground is no‑fault, which requires a period of separation. Fault grounds allow a divorce without a waiting period and can affect property division and spousal support. The Circuit Court of the county or city where one party resides has exclusive original jurisdiction over divorce actions.

No‑Fault Divorce Grounds

Under Va. Code § 20‑91(9)(a), a no‑fault divorce may be granted when the parties have lived separate and apart without cohabitation for one year. If the parties have no minor children and have entered into a written separation agreement, the required separation period is reduced to six months under § 20‑91(9)(b). The separation must be continuous, and the intent to end the marriage must be established. A corroborating witness is generally needed to verify the separation at the final hearing. No‑fault divorce does not require proof of misconduct, making it the preferred route for many couples who can reach agreement on all issues.

Fault‑Based Divorce Grounds

Virginia also permits a divorce based on fault. The fault grounds are:

Adultery, sodomy, or buggery – If one spouse commits adultery, the other spouse may file immediately; no separation period is required. Adultery must be proved by clear and convincing evidence.
Conviction of a felony – If one spouse is sentenced to confinement for more than one year following a felony conviction, the other spouse may file after the conviction.
Cruelty or reasonable apprehension of bodily hurt – Physical cruelty or credible threats that cause a reasonable fear of harm can serve as grounds.
Willful desertion or abandonment – Desertion must be continuous for one year and without justification.

A fault‑based ground can eliminate the waiting period and may influence the court’s determination of spousal support and equitable distribution under Va. Code § 20‑107.3. The court may consider fault when deciding whether to award support and how to divide marital property.

How Mr. Sris and His Of Counsel Handle Divorce Cases

When you choose to work with Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel focus on understanding your goals and the specific facts of your marriage. The process begins with a careful evaluation of which ground is available and strategically advantageous. If a no‑fault divorce is possible, the team works toward a comprehensive separation agreement that addresses custody, support, and property division, so the divorce can proceed on the six‑month or one‑year track without contested litigation. When fault grounds are asserted or the parties cannot agree, the firm prepares the case for trial, gathering evidence and, when appropriate, working with forensic accountants or business valuators to address complex marital estates.

Throughout the proceeding, the firm’s approach is to keep you informed and to explore settlement opportunities while remaining ready to litigate if necessary. Mr. Sris and his Of Counsel appear regularly in Virginia circuit courts across the Commonwealth and maintain a presence in Fairfax, Richmond, and Woodstock, allowing them to serve clients in both Northern Virginia and Central Virginia.

About Mr. Sris and His Of Counsel Team

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. A former prosecutor, he brings firsthand courtroom experience to family law matters. His practice spans all five of the firm’s state jurisdictions, and he maintains a manageable caseload to stay deeply involved in each matter. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised Virginia’s equitable distribution statute, Va. Code § 20‑107.3. The firm’s Of Counsel attorneys contribute additional family law experience, and every client benefits from the collective legal knowledge of the team.

Mr. Sris and his Of Counsel have documented case results across all practice areas since 1997. Results may vary.

Frequently Asked Questions

What is the difference between fault and no‑fault divorce in Virginia?

A no‑fault divorce requires the parties to live separate and apart for one year (or six months if they have no minor children and have signed a separation agreement), while a fault‑based divorce can be filed immediately if a ground such as adultery is established. Fault grounds do not require a waiting period, and the court may take fault into account when dividing property or awarding spousal support. No‑fault divorce does not require proof of misconduct and is often the most efficient path when the spouses can agree on all issues.

How long does a no‑fault divorce take in Virginia?

The timeline depends on the court’s calendar and the complexity of the matter, but an uncontested divorce based on a signed separation agreement can often be finalized within a few months after the complaint is filed. If the parties have not yet entered into an agreement, the separation period must first run before the complaint can be filed. Contested cases or those involving significant property or custody disputes may take considerably longer. Your attorney can give you a better estimate once the facts of your case are assessed.

Can I get divorced without a lawyer in Virginia?

You are not required to hire a lawyer, but an attorney can help ensure your rights are protected and that the paperwork is correct. Virginia divorce involves strict procedural requirements, especially for the corroborating witness and the separation agreement. Errors can delay the divorce or result in an unfavorable property or custody outcome. A consultation with an experienced family law attorney can clarify your options.

What is a separation agreement, and do I need one for a no‑fault divorce?

A separation agreement is a written contract that resolves all issues—property division, support, custody, and visitation—and is required to qualify for the six‑month no‑fault ground when the parties have no minor children. Even for the one‑year separation ground, a separation agreement is highly advisable because it can make the divorce uncontested and avoid trial. The agreement must be signed by both spouses and notarized. If the spouses cannot agree, the divorce will proceed on fault grounds or as a contested no‑fault action.

Does Virginia have a legal separation status?

Virginia does not have a formal “legal separation” status, but the required period of separation for a no‑fault divorce serves a similar purpose. During the separation, the spouses may resolve temporary matters such as support and custody through a pendente lite order entered by the court. The period of separation must be continuous and without cohabitation, and only the Circuit Court can grant a divorce.

Internal Resources

If you are located in Northern Virginia, you may also find these pages helpful:

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