What Are Grounds for Divorce in Virginia?

Divorce in Virginia can be stressful and emotionally draining, especially when you’re unsure whether you have legal grounds to file. The decision to end a marriage carries serious consequences for your finances, your children, and your future. Navigating the legal system without guidance can make it even more difficult.

At Montagna Law, we work with individuals and families facing these decisions every day. We take the time to explain your options, discuss your goals, and help you move forward with clarity and confidence. Talk to a Virginia divorce attorney today to protect your rights and start planning your next chapter.

What Are the Grounds for Divorce in Virginia?

Virginia allows both no-fault and fault-based divorces under Virginia Code § 20-91. A no-fault divorce is based on separation, while a fault-based divorce involves proving specific grounds, such as adultery, cruelty, or desertion. Alleging fault can make the process more complex and time-consuming, as it requires presenting admissible evidence in court.

In many cases, if fault is proven, it may impact child custody, spousal support (sometimes referred to as alimony), and property division. For this reason, it is important to understand the potential legal and personal consequences before deciding whether to pursue a fault-based claim.

No-Fault Grounds

A no-fault divorce in Virginia is based on the spouses living separate and apart without interruption and with the intent to end the marriage for a required period. Under Virginia Code § 20-91(A)(9), the separation period must be:

• At least six months if the couple has no minor children and has signed a separation agreement.
• At least twelve months if the couple has minor children or has not entered into a written agreement.

“Living separate and apart” generally means residing in separate homes with no intention to reconcile for the required period of time. Spouses may meet this requirement even if they live together, provided they maintain separate lives and do not share marital responsibilities.

Many people choose no-fault divorce because it is faster, less contentious, and more private than a fault-based divorce.

Fault Grounds

Virginia law recognizes several grounds for a fault-based divorce. These include:

• Willful desertion or abandonment. One spouse leaves the marital home without justification and with the intent to end cohabitation. This ground requires a separation period of at least one year.
• Cruelty or reasonable apprehension of bodily harm. If one spouse inflicts physical harm or creates a fear of harm through abuse or threats, the other may file on this basis. Courts often require evidence of ongoing or severe conduct.
• Adultery, sodomy, or buggery. Each of these must be proven by clear and convincing evidence, typically through third-party corroboration. Under Virginia Code § 20-91(A)(1), a proven case of adultery may bar the offending spouse from receiving spousal support under § 20-107.1(B), unless the court finds that denying support would result in a manifest injustice.
• Conviction of a felony. If a spouse is convicted of a felony and sentenced to at least one year of confinement in a correctional facility, and the couple does not resume cohabitation, this can serve as grounds for divorce.

Why Work With Montagna Law

The divorce attorney at Montagna Law offers personalized legal guidance for individuals going through either a no-fault or fault-based divorce. We take the time to listen to your goals, explain your rights, and develop a legal strategy designed to protect your family, property, and future. Whether your divorce case involves minor children, significant assets, or unique issues, we are prepared to help you make informed decisions at every stage.

Our team is committed to representing you with professionalism, compassion, and a focus on results. We understand how emotionally and financially challenging divorce can be, and we work to provide clarity and support so you can move forward with confidence.

When Can I File for Divorce in Virginia?

Before filing for divorce in Virginia, you must meet both the residency requirement and the separation period:

• At least one spouse must have lived in Virginia for at least six months before filing.
• If filing for a no-fault divorce, you must also meet the appropriate separation period based on whether you have minor children and whether you have a written separation agreement.

These legal requirements must be satisfied before the court will finalize a divorce. Montagna Law can help you determine when you’re eligible to file and what steps to take to protect your interests during the waiting period.

Should You File a No-Fault or Fault-Based Divorce in Virginia?

Before you file for divorce, it’s important to understand how your choices may impact the outcome. Decisions about whether to allege fault should take into account your goals, such as how quickly you want the divorce finalized, how much conflict you can manage, and whether you expect disputes over child custody, spousal support, or property division.

Proving fault may strengthen your case, but it also requires evidence, court involvement, and a longer process. A no-fault divorce may be faster and more private but may not reflect the full context of the marriage and the cause of the separation.

At Montagna Law, our divorce attorney listens to your concerns and helps you choose the path that protects your rights and priorities. We can help you determine whether filing a fault-based divorce is worth the time and emotional cost or if a no-fault approach is more effective for your goals.

How Separation Affects the Timing of Your Divorce

In Virginia, the separation period is a key requirement before a court will grant a divorce. To meet this requirement, spouses must live separate and apart with the intent to end the marriage. This typically involves living in different residences. However, in limited circumstances, it may be possible to satisfy the separation requirement while living in the same home if the spouses lead entirely separate lives.

Courts look for signs that the couple has stopped functioning as a married unit. Such signs may include sleeping in separate rooms, not sharing meals, not participating in activities together, and maintaining separate finances.

Working with Montagna Law can help you document your separation clearly and avoid legal complications that may arise if the court questions whether the alleged date of separation is well founded in both law and fact.

Why Should I Hire a Family Law Attorney for a Virginia Divorce?

Even in an uncontested divorce or no-fault divorce, legal issues involving custody, support, and the division of property can become complicated. Mistakes during the divorce process can have long-term consequences for your financial security and parental rights.

A Virginia divorce attorney can:

• Help you understand your legal rights and obligations
• Prepare and file the necessary documents correctly
• Represent you during negotiations or divorce proceedings in court
• Review or draft a separation agreement that protects your interests

At Montagna Law, our divorce lawyer guides clients through each step of the divorce process with clarity and care. Whether you have a contested divorce or an amicable one, we work to protect what matters most to you.

Your Future Matters. Talk to a Virginia Divorce Attorney Today.

If you are preparing for divorce or separation, having trusted legal guidance can make a meaningful difference. At Montagna Law, our divorce attorney will walk you through the process, help you evaluate your options, and draft a separation agreement or legal pleadings that reflect your needs.

To get started, contact our team by calling 757-622-8100 or filling out our contact form. We are here to help you move forward with clarity and confidence.