What are grounds for divorce in Virginia
Virginia law provides both no‑fault and fault‑based grounds for divorce. A no‑fault divorce may be granted after a period of separation — one year in the general case, or six months if the spouses have no minor children and have signed a separation agreement. Fault grounds include adultery (which requires no waiting period), cruelty or reasonable apprehension of bodily harm, willful desertion for one year, and sentencing to confinement for more than one year following a felony conviction. These statutory grounds are set out in Virginia Code § 20‑91. The Circuit Court has exclusive jurisdiction over all divorce actions (Va. Code § 20‑96), and at least one spouse must have been a resident and domiciliary of Virginia for at least six months before filing (Va. Code § 20‑97). Mr. Sris and his Of Counsel represent clients in divorce matters throughout the Commonwealth. To request a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding Divorce Grounds in Virginia
Virginia is an equitable distribution state, and the reason for the divorce — the ground — can affect property division, spousal support, and sometimes custody determinations. The governing statute, Va. Code § 20‑91, lists the legal grounds a spouse may use when seeking a divorce from the bond of matrimony. The court may also consider “fault” when dividing marital assets under Va. Code § 20‑107.3, and a fault ground that impacts the marital estate may influence the outcome.
The separation‑based, no‑fault ground under § 20‑91(9)(a) requires that the spouses have lived separate and apart continuously for one year. Under § 20‑91(9)(b), the separation period is reduced to six months if the couple has no minor children and has executed a written separation agreement resolving all issues. Neither ground requires proof of misconduct.
Fault‑based grounds — adultery, cruelty, desertion, and felony conviction — do not require a separation period. Adultery, if proven by clear and convincing evidence, allows an immediate divorce. However, a finding of adultery may bar the offending spouse from receiving spousal support and can significantly affect equitable distribution. Cruelty and desertion each require a one‑year period before a suit may be filed.
Every divorce suit must be filed in the Circuit Court of the city or county where at least one party resides. Temporary support, custody, and use of the marital residence may be ordered while the case is pending under Va. Code § 20‑103. These pendente lite orders are particularly important when a spouse needs immediate financial assistance.
How Mr. Sris and His Of Counsel Handle Divorce Cases
Mr. Sris and his Of Counsel bring extensive combined legal experience to every divorce matter. Results may vary. The team works with clients to identify the most suitable ground from the options available under § 20‑91, taking into account the evidence the client can present and the overall goals for property division and support.
The firm’s approach begins with a thorough intake, during which an attorney discusses the marriage, finances, children, and the client’s objectives. If a fault ground is alleged, the team advises on the standard of proof — clear and convincing evidence for adultery, a preponderance for other grounds — and helps the client evaluate whether pursuing fault is in their interest. For no‑fault divorces, the attorney ensures the separation agreement properly addresses all statutory requirements and that corroborating witness testimony is prepared for the final hearing.
Throughout the process, clients are kept informed of procedural steps, filing requirements, and realistic timelines. The firm handles contested and uncontested divorces, equitable distribution, spousal support, custody, and related post‑divorce modifications and enforcement matters across Virginia.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is a former prosecutor and is admitted to the bars of Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised the equitable distribution statute governing retirement accounts in divorce. That firsthand legislative experience informs the firm’s approach to complex property issues.
All other lawyers who appear with the firm are Of Counsel — independent practitioners engaged on a case‑by‑case basis. Mr. Sris and his Of Counsel draw on extensive combined legal experience to serve clients in divorce and family law matters across Virginia.
Frequently Asked Questions
What are the no‑fault grounds for divorce in Virginia?
Virginia’s no‑fault divorce ground is based on continuous separation — one year, or six months if the spouses have no minor children and have signed a separation agreement. The no‑fault provision is found in Va. Code § 20‑91(9). It allows a divorce without alleging marital misconduct. The parties must have lived separate and apart without cohabitation for the required period, and at least one corroborating witness must testify at the final hearing. A written separation agreement that resolves all property, support, and custody issues is required for the six‑month track.
What are the fault grounds for divorce in Virginia?
Virginia recognizes four fault grounds: adultery, cruelty or reasonable apprehension of bodily harm, willful desertion for one year, and felony conviction with imprisonment for more than one year. Adultery has no waiting period but must be proved by clear and convincing evidence. Cruelty and desertion require one year of the conduct. A conviction for a felony resulting in confinement for over a year also constitutes a ground. Fault grounds can affect spousal support and property division, and a finding of adultery may bar an award of support to the at‑fault spouse.
Do I need to be separated before filing for divorce in Virginia?
If you rely on a no‑fault ground, you must demonstrate a continuous separation for the one‑year or six‑month period before the court can grant the divorce; however, you may file the complaint before the separation period is complete. Many parties file the initial pleading, then wait until the statutory separation has elapsed before presenting evidence at the ore tenus hearing. Fault‑based grounds, such as adultery, do not require any prior separation. A family‑law attorney can advise on the trusted timing for filing.
How long does a divorce take in Virginia?
The overall timeline depends on the ground used, whether the divorce is contested, and the court’s calendar. An uncontested no‑fault divorce with a signed separation agreement can move relatively quickly once the statutory separation period has run. A contested divorce that involves fault allegations, business valuation, or a custody dispute will take longer because of discovery, motions, and trial scheduling. Mr. Sris and his Of Counsel provide an estimated timeline after reviewing the specifics of each case.
Can I get a divorce if my spouse lives out of state?
Yes, as long as you meet Virginia’s residency requirement and the court has personal jurisdiction over your spouse or can proceed with service sufficient to allow the case to move forward. Va. Code § 20‑97 requires that one party be a resident and domiciliary of Virginia for at least six months before the suit is filed. If the out‑of‑state spouse cannot be personally served, alternative methods such as service by publication may be available. An attorney can determine the trusted way to give proper notice.
Do I need a lawyer for a divorce in Virginia?
Virginia law does not require a party to have an attorney, but divorce involves significant legal rights concerning property, support, and children, and the procedural rules are technical. Mistakes in pleadings, failure to present a required corroborating witness, or an incomplete separation agreement can delay or jeopardize the outcome. Mr. Sris and his Of Counsel advise clients on strategy, prepare the necessary documents, and appear in court on their behalf. For a consultation to discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Learn More About Virginia Divorce
No‑Fault Divorce in Virginia |
Fault‑Based Divorce Options |
Virginia Residency Requirements |
Hampton Divorce Lawyer |
Virginia Divorce Process Overview
Additional Resources
Virginia Code § 20‑91 – Divorce Grounds |
Virginia Judicial System – Court Information
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