Grounds for Divorce in Virginia
Va. Code 20-91 sets out the grounds for divorce from the bond of matrimony in Virginia. Unlike several neighbouring jurisdictions that have moved to a single no-fault ground, Virginia retains fault grounds and they carry consequences beyond the decree itself. Law Offices Of SRIS, P.C. handles these matters. Call (888) 437-7747.
The Separation Ground
The no-fault ground is separation for one year. That period reduces to six months where there are no minor children of the marriage and the parties have entered into a written separation agreement. Both conditions must be satisfied for the shorter period; a written agreement alone does not shorten it where minor children exist. This is the ground most commonly pleaded because it requires no allegation of misconduct.
The Fault Grounds
Adultery. Sodomy or buggery committed outside the marriage. Conviction of a felony with a sentence of confinement of more than one year. Cruelty, or reasonable apprehension of bodily hurt. Willful desertion or abandonment for one year. Each requires proof, and the standard for adultery in particular is demanding. Pleading a fault ground converts a case into a contested factual matter about conduct.
Why Fault Can Still Matter
Beyond the decree, conduct is relevant to spousal support. Adultery bars an award of permanent spousal support absent a finding of manifest injustice, which is the single most consequential intersection between grounds and money in Virginia practice. The circumstances that contributed to the dissolution of the marriage are also among the factors a court weighs in equitable distribution under Va. Code 20-107.3.
Frequently Asked Questions
How long must we be separated?
One year under Va. Code 20-91, reduced to six months where there are no minor children of the marriage and the parties have entered a written separation agreement. Both conditions are required for the shorter period.
Should I plead a fault ground?
It depends on what it achieves. Fault adds contested factual issues and expense, but conduct bears on spousal support and is among the equitable distribution factors. It is a strategic decision rather than an expression of grievance.
What are the fault grounds?
Adultery; sodomy or buggery outside the marriage; conviction of a felony with confinement of more than one year; cruelty or reasonable apprehension of bodily hurt; and willful desertion or abandonment for one year.
About Mr. Sris
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is a former prosecutor, and that experience shapes how he builds a documentary record. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems applies to complex financial cases, which is where a contested Virginia divorce usually turns. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and the firm’s Of Counsel attorneys handle Virginia matters together.
Speak With Mr. Sris
Request a consultation. Reach our location at (888) 437-7747. Bring tax returns, statements for every account, any agreement signed before or during the marriage, entity documents for any business interest, and a short written timeline. That material lets the first conversation move past intake and into the questions that decide the case.
Last updated: August 25, 2026
This page provides general information about Virginia family law and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.
Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.
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