What are grounds for divorce in Virginia
Virginia law provides specific grounds on which a spouse can seek a divorce from the bond of matrimony. These grounds are listed in Va. Code § 20-91, and they fall into two broad categories: no-fault separation and fault-based conduct. The Circuit Court has exclusive original jurisdiction over divorce cases in Virginia (Va. Code § 20-96), and at least one party must have been a bona fide resident and domiciliary of the Commonwealth for at least six months before a suit is filed (Va. Code § 20-97). Law Offices Of SRIS, P.C. represents clients across Virginia in family law matters, including divorce, custody, and support. Mr. Sris and the firm’s Of Counsel attorneys work with individuals to understand which ground applies to their situation and how to move forward. For a consultation, reach us at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Family Law Means in Virginia
Family law in Virginia covers divorce, custody, visitation, child support, spousal support, equitable distribution of property, and related matters. Virginia is an equitable distribution state, meaning marital property is divided fairly—but not necessarily equally—upon divorce. The statutory framework for divorce is found in Title 20 of the Virginia Code. A divorce proceeding starts with a “Complaint” filed in the Circuit Court of the locality where one of the parties resides. The court determines the ground for divorce, resolves property and support issues, and issues any custody and visitation orders if children are involved.
Virginia’s divorce grounds give parties the flexibility to choose between a fault-based proceeding and a no-fault separation path. The choice of ground can affect the waiting period before a divorce can be granted, the division of property, and entitlement to spousal support. Understanding these grounds is the first step toward making informed decisions about your marriage. Mr. Sris and the firm’s Of Counsel attorneys bring extensive experience to Virginia family law cases, helping clients navigate the procedural and substantive aspects of divorce in Circuit Courts across the Commonwealth.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Family Law Cases
When a client contacts Law Offices Of SRIS, P.C. about a divorce, the first step is to determine which ground for divorce is available and appropriate. The firm’s attorneys review the facts of the marriage, the period of separation, and any fault-based conduct that may support a divorce on fault grounds. If the parties can agree on the terms of their separation, a no-fault divorce based on a written separation agreement and the required period of separation may be the most straightforward option. For contested cases, the firm’s litigators are prepared to present evidence in court on fault grounds such as cruelty, desertion, or adultery.
The firm focuses on protecting clients’ interests throughout the process—whether that involves negotiating a property settlement agreement, seeking spousal support, or advocating for a fair distribution of marital assets. Mr. Sris, a former prosecutor, brings a thorough approach to case preparation and trial advocacy. The firm’s Of Counsel attorneys contribute additional litigation experience across multiple practice areas, ensuring that clients receive well-prepared representation from initial filing through final decree.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C. He founded the firm in 1997 and 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). His background as a former prosecutor gives him insight into courtroom dynamics and case strategy. He manages a multi-state practice that includes family law, criminal defense, and other areas.
The firm’s Of Counsel attorneys are experienced practitioners who handle family law matters alongside Mr. Sris. The firm’s attorneys appear in Circuit Courts throughout Virginia and work collectively to prepare each case. Clients benefit from the combined knowledge of the firm’s legal professionals, who stay current with developments in Virginia divorce law.
Frequently Asked Questions
What are the no-fault grounds for divorce in Virginia?
Virginia allows a no-fault divorce after a period of separation, provided the parties live separate and apart without cohabitation. Under Va. Code § 20-91(9)(a), the required separation period is one year. If there are no minor children of the marriage and the parties sign a written separation agreement, the period can be reduced to six months under § 20-91(9)(b). A no-fault divorce does not require proof of wrongdoing by either spouse. The separation agreement must resolve all property, support, and custody issues before the court can grant a divorce on this expedited timeline.
What are the fault-based grounds for divorce in Virginia?
Fault grounds include adultery, cruelty, desertion, and conviction of a felony resulting in confinement for more than one year. Va. Code § 20-91 lists these grounds explicitly. Adultery requires clear and convincing evidence, and if proven, it can bar the offending spouse from receiving spousal support. Cruelty means conduct that causes reasonable apprehension of bodily hurt and renders cohabitation unsafe. Desertion requires willful abandonment for one year. A felony conviction with imprisonment of more than one year is also a fault ground. Fault-based grounds may allow a divorce without a waiting period, but they often involve contested litigation.
Do I need to prove fault to get a divorce in Virginia?
No, fault does not have to be proven if you use the no-fault separation ground. Many Virginia divorces proceed on no-fault grounds because it avoids the need to present evidence of wrongdoing. A no-fault divorce requires only that the couple has been separated for the statutory period and, if applicable, has a signed separation agreement. Fault grounds are sometimes pursued when a spouse wants a faster divorce or when a finding of fault could affect property division or spousal support.
How does the type of ground affect property division and support?
Virginia courts consider fault as one factor in equitable distribution and spousal support determinations. Under Va. Code § 20-107.3, the court considers the circumstances and factors that contributed to the dissolution of the marriage when dividing marital property. Adultery or other marital misconduct can influence the division of assets and whether spousal support is awarded. However, fault does not guarantee a specific percentage split. The court weighs all relevant factors to reach a fair result.
Can I get a divorce in Virginia without going to court?
Most uncontested divorces can be handled with minimal court appearances, often through depositions or affidavits. In a no-fault divorce with a signed separation agreement, the parties can submit the agreement to the court and request that a divorce be granted based on the pleadings and either a brief hearing or affidavit testimony. An attorney can guide you through the procedural requirements to minimize the need for in-person court attendance.
How long does the divorce process take in Virginia?
The timeline depends on the ground chosen, court scheduling, and whether the case is contested. An uncontested, no-fault divorce with a separation agreement can often be finalized within a few months after the separation period has run. Contested fault-based divorces take longer because they involve discovery, motions, and possibly trial. Court calendars vary by circuit. For a realistic estimate regarding your specific situation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
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