What are grounds for divorce in Virginia

The grounds for divorce in Virginia are the legal reasons the court requires to end a marriage. Under Virginia law, a spouse must prove one of the enumerated fault or no‑fault grounds set out in Va. Code § 20‑91. The choice of ground affects how the case proceeds, what must be proven, and whether a waiting period applies. Fault grounds include adultery, cruelty, desertion, and felony conviction; no‑fault divorce is available after a period of continuous separation. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. assist clients throughout Virginia with both contested and uncontested divorces. For a consultation about your situation, call (888) 437‑7747.
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What “grounds for divorce” means in Virginia

Virginia is a traditional divorce state. That means the person filing must state a legally sufficient reason—the ground—for the court to grant the divorce. Unlike some jurisdictions that have moved to a pure “irretrievable breakdown” standard, Virginia still maintains a statutory list of fault and no‑fault grounds. The Circuit Court has exclusive jurisdiction over divorce (Va. Code § 20‑96), and at least one spouse must have been a resident and domiciliary of Virginia for six months before the suit (Va. Code § 20‑97). The grounds you choose can affect property division, spousal support, and custody. For that reason, many individuals speak with an attorney before deciding which ground to plead.

In Virginia family law practice, the no‑fault ground based on separation is the most frequently used path. It allows a marriage to end without airing allegations of misconduct. Fault grounds remain available, and in some cases—especially where adultery or cruelty is a factor—they may accelerate the process or influence the equitable distribution of marital property. Mr. Sris, a former prosecutor, and his Of Counsel team have extensive experience guiding clients through both fault‑based and no‑fault divorces in courts across the Commonwealth.

How Mr. Sris and his Of Counsel handle divorce cases

When a client comes to Law Offices Of SRIS, P.C. with a divorce matter, the initial focus is on the client’s goals and the facts of the marriage. The firm identifies which grounds are available and explains how each option would affect the timeline, property division, spousal support, and any parenting issues. If the parties have reached a signed separation agreement resolving all issues, the firm can prepare an uncontested no‑fault divorce based on a six‑month or one‑year separation, depending on whether there are minor children. If fault grounds exist, the firm evaluates whether pleading a fault ground could serve the client’s interests—for example, by impacting an award of spousal support.

The process is handled by Mr. Sris and his Of Counsel, who appear in Circuit Courts throughout Virginia. The team works to negotiate settlements where possible and litigates contested issues when necessary. Every case receives individual case review; the firm does not promise a particular result. Because the divorce ground can shape every subsequent decision the court makes, the firm prioritizes a clear explanation of the law at the outset so clients can make informed choices.

Virginia’s fault and no‑fault grounds

Fault grounds are enumerated in Va. Code § 20‑91 and include: adultery, sodomy or buggery committed outside the marriage; conviction of a felony and confinement for more than one year; cruelty causing reasonable apprehension of bodily hurt; and willful desertion or abandonment for one year. Adultery is a particularly significant ground because, if proven, it can act as a bar to spousal support for the adulterous spouse. The ground of cruelty requires evidence of conduct that makes continued cohabitation unsafe. Desertion requires one spouse to have left the marital home without justification for the statutory period.

No‑fault divorce is available after continuous separation. Under Va. Code § 20‑91(9)(a), a divorce may be granted when the spouses have lived separate and apart without any cohabitation for one year. Under § 20‑91(9)(b), the separation period is reduced to six months if there are no minor children of the marriage and the parties have entered into a signed written separation agreement resolving all property, support, and custody issues. The separation must be continuous and accompanied by at least one spouse’s intent to end the marriage. The corroboration of a third‑party witness is required at the final hearing, even in uncontested cases.

About Mr. Sris and his Of Counsel team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 after serving as a prosecutor. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), legislation that revised the equitable distribution statute, Va. Code § 20‑107.3. Mr. Sris and his Of Counsel bring extensive combined legal experience to divorce and family law matters. Results may vary. in your case. The firm’s Virginia locations in Fairfax, Richmond, Ashburn, and Arlington serve clients statewide. To speak with a member of the team, call (888) 437‑7747.

Frequently asked questions

Do I need to prove fault to get a divorce in Virginia?

No, you do not need to prove fault. Virginia law allows a no‑fault divorce after a period of continuous separation, without any showing of wrongdoing. Many couples use the no‑fault ground even when fault conduct has occurred, because it avoids contested litigation over the reason for the breakdown of the marriage. If you and your spouse have signed a separation agreement and have no minor children, you may qualify for a six‑month separation ground. Otherwise, a one‑year separation is required.

How long do I have to be separated to get a divorce in Virginia?

The required separation period depends on whether you have minor children and a signed separation agreement. Under Va. Code § 20‑91(9)(b), spouses with no minor children and a written separation agreement can file after six months of continuous separation. If you have minor children, or if you do not have a signed agreement, you must generally wait one year (Va. Code § 20‑91(9)(a)). The separation must be uninterrupted and accompanied by at least one spouse’s intent to end the marriage.

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

A fault divorce is based on one spouse’s marital misconduct; a no‑fault divorce is based solely on a period of separation. Fault grounds can shorten or eliminate the waiting period and may influence spousal support. No‑fault divorce is typically less adversarial because it does not require proof of wrongdoing. However, even in a no‑fault case, the court may consider fault when making decisions about property division and support if evidence is presented.

Can I get a divorce without a separation agreement?

Yes, but the required separation period is one year. A signed separation agreement is necessary only if you want to use the six‑month no‑fault ground under Va. Code § 20‑91(9)(b). For the one‑year no‑fault ground, there is no requirement of a written agreement, although the parties are still required to live separate and apart without cohabitation. An attorney can help determine which ground best fits your situation.

What if my spouse does not agree to the divorce?

You can still obtain a divorce in Virginia even if your spouse does not consent. The court may grant a divorce based on the applicable ground if the statutory requirements are met, regardless of the other spouse’s opposition. In a contested case, the spouse seeking the divorce must prove the ground by a preponderance of the evidence. An experienced attorney can help you present your case effectively.

How does adultery affect a divorce in Virginia?

Adultery is a fault ground that may impact spousal support and, if proven, allows a divorce without any separation waiting period. Under Virginia law, a spouse who commits adultery may be barred from receiving spousal support unless the court finds that a denial of support would be manifestly unjust. Proving adultery requires clear and convincing evidence. Mr. Sris and his Of Counsel assist clients in evaluating whether evidence of adultery exists and how it may affect the outcome of the case.

Where can I find a divorce lawyer in Northern Virginia?

Law Offices Of SRIS, P.C. serves clients throughout Northern Virginia from its Fairfax location. Mr. Sris and his Of Counsel appear in Circuit Courts in Fairfax County, Arlington, Loudoun, Prince William, Alexandria, and surrounding localities. You can schedule a consultation by calling (888) 437‑7747. The firm handles both contested and uncontested divorces, including matters involving property division, support, and custody.

What should I bring to a consultation about a divorce?

It is helpful to bring any documents that relate to your marriage, your finances, and any existing court orders. This can include tax returns, pay stubs, bank account statements, deeds, vehicle titles, retirement account statements, and any separation agreement or protective order. You do not need to have every document; the firm can assist in obtaining missing information. The consultation is an opportunity to discuss the grounds available to you and the next steps in the process.

Last reviewed: July 2026

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