Grounds for divorce in Virginia
General information about Virginia divorce law. This is not legal advice. For broader context, see our Virginia divorce overview and spousal support overview.
Virginia divorce law is built around a short list of recognized grounds — legally accepted reasons a court may end a marriage — set out primarily in Va. Code § 20-91. Every Virginia divorce must rest on one of them. The grounds fall into two families: fault grounds, where one spouse’s conduct is the basis, and the no-fault ground of living separate and apart for a required period. This article walks through both, along with residency and proof requirements that commonly surprise people.
One statute, several grounds
Va. Code § 20-91 lists Virginia's divorce grounds: fault grounds plus no-fault separation.
No-fault timelines
Generally one year separated — or six months with a signed separation agreement and no minor children.
Fault still matters
Adultery generally bars spousal support for the offending spouse absent manifest injustice (§ 20-107.1).
Residency required
At least one spouse must generally have been domiciled in Virginia for six months before filing.
The grounds at a glance
| Ground (Va. Code § 20-91) | Type | Timing, as generally described |
|---|---|---|
| Adultery (and sodomy or buggery outside the marriage) | Fault | May generally be filed without a waiting period; proof standard is high |
| Felony conviction with sentence to confinement exceeding one year | Fault | Generally available where cohabitation has not resumed after knowledge of confinement |
| Cruelty or reasonable apprehension of bodily hurt | Fault | Divorce generally available one year after the act |
| Willful desertion or abandonment | Fault | Divorce generally available one year after the desertion |
| Living separate and apart without cohabitation | No-fault | One year — or six months with a signed separation agreement and no minor children |
Fault grounds
Adultery — along with sodomy or buggery committed outside the marriage — is Virginia’s most discussed fault ground. It must generally be proven by clear and convincing evidence, a higher standard than most civil claims, and courts commonly require corroborating circumstances rather than a spouse’s word alone.
Felony conviction is a ground where a spouse is convicted of a felony after the marriage and sentenced to confinement for more than one year, and the other spouse has not resumed cohabitation after learning of the confinement.
Cruelty and willful desertion or abandonment are grounds tied to a one-year clock: where a spouse is guilty of cruelty, causes reasonable apprehension of bodily hurt, or willfully deserts the other, a divorce on that ground is generally available one year after the act. Conduct rising to family abuse may also support a protective order — a separate proceeding covered in our guide to Virginia protective orders.
No-fault divorce: separation periods
Most Virginia divorces today proceed on the no-fault ground: living separate and apart without cohabitation, and without interruption, for one year. The period is generally reduced to six months where two conditions are both met: the spouses have entered a signed separation agreement (a written property and support settlement) and there are no minor children of the marriage. At least one spouse must generally intend the separation to be permanent, and the couple must actually live separately — an issue that becomes fact-specific when spouses remain under one roof.
Divorce that feels overwhelming commonly starts here, with a separation date and a plan; our article Divorce Can Be Brutal discusses the emotional side of that process.
Divorce from bed and board vs from the bond of matrimony
Virginia recognizes two forms of divorce. A divorce from bed and board (a mensa et thoro) is a partial or qualified divorce: the spouses are legally separated and their property rights can be addressed, but neither may remarry. It is generally available for cruelty and desertion without waiting a full year. A divorce from the bond of matrimony (a vinculo matrimonii) is the complete divorce that ends the marriage entirely. A bed-and-board decree may generally be merged into a full divorce once the applicable time period has run.
Why fault grounds still matter
Because the no-fault route is simpler, people sometimes assume fault grounds are obsolete. In practice, fault can still shape a case’s outcome — most notably spousal support: under Va. Code § 20-107.1, a court generally may not award support to a spouse who committed adultery, unless denying support would constitute a manifest injustice based on the parties’ degrees of fault and relative economic circumstances. How long any support award lasts is a separate question, covered in how long spousal support lasts.
Spousal support
Adultery generally bars support for the offending spouse under § 20-107.1 unless denial would be a manifest injustice.
Equitable distribution
Fault that affects the marital estate may be weighed among the factors courts consider when dividing property.
Timing and leverage
Some fault grounds allow filing before a separation period has run, which can affect case strategy.
Proof burdens
Fault grounds must be proven — adultery generally by clear and convincing evidence — and all grounds require corroboration.
Residency and corroboration requirements
Two procedural requirements apply regardless of the ground chosen. First, residency: at least one spouse must generally have been domiciled in, and an actual resident of, Virginia for at least six months before the suit is filed (Va. Code § 20-97). Second, corroboration: Virginia law generally requires that the grounds for divorce be corroborated by evidence independent of the parties’ own testimony — commonly an affidavit or deposition of a third-party witness, even in uncontested no-fault cases. Divorce suits are filed in the circuit court; our court locator lists circuit courts by city and county.
Frequently asked questions
Answers are general information only — not legal advice for a specific situation.
What is the fastest way to get divorced in Virginia?
For most couples, the shortest route is generally the no-fault ground with a reduced separation period: living separate and apart without cohabitation for six months, where the spouses have a signed separation agreement and no minor children. Without an agreement, or with minor children, the no-fault separation period is generally one year.
Do both spouses have to agree to a divorce in Virginia?
Generally, no. One spouse can pursue a divorce even if the other objects, as long as a recognized ground under Va. Code § 20-91 can be proven — most commonly the no-fault separation period. Agreement makes the process faster and cheaper, but it is not legally required.
Does adultery affect spousal support in Virginia?
It can. Under Va. Code § 20-107.1, a spouse who committed adultery is generally barred from receiving spousal support, unless the court finds that denying support would constitute a manifest injustice based on the parties' respective degrees of fault and relative economic circumstances. Adultery must generally be proven by clear and convincing evidence.
Can you date during separation in Virginia?
This question is commonly raised, and the cautious general answer is that dating before a divorce is final can carry risk. Virginia recognizes adultery as a fault ground, and a new relationship during separation may be raised in the case and could bear on fault grounds or support issues. People in this situation commonly seek advice from a licensed Virginia attorney before dating during separation.