Virginia Fault Grounds Divorce Attorney

Virginia retains fault grounds alongside no-fault separation. Va. Code 20-91 sets out both, and which ground is pleaded affects timing, proof, and in some circumstances the financial outcome. Law Offices Of SRIS, P.C. handles contested and uncontested divorces in Virginia circuit courts. Call (888) 437-7747.

The Grounds Under Va. Code 20-91

Virginia’s fault grounds are adultery; sodomy or buggery committed outside the marriage; conviction of a felony with confinement for more than one year, where cohabitation has not resumed after knowledge of the confinement; cruelty or reasonable apprehension of bodily hurt; and willful desertion or abandonment for one year. The no-fault ground requires the parties to have lived separate and apart without cohabitation and without interruption for one year, reduced to six months where there are no minor children of the marriage and the parties have entered a written separation agreement.

Proof and Its Cost

Fault grounds have to be proved, and adultery requires clear and convincing evidence with corroboration — a higher standard than most civil issues. Cruelty and desertion require evidence of conduct over time rather than a single incident. The practical question is not only whether the ground can be proved but whether proving it changes the outcome enough to justify the expense and the exposure that comes with litigating it. Where the answer is no, a no-fault ground reaches the same decree with less cost.

When Fault Changes the Financial Result

Adultery bars an award of permanent spousal support under Va. Code 20-107.1 unless the court finds from clear and convincing evidence that denial would be a manifest injustice, based on the respective degrees of fault and the relative economic circumstances of the parties. Fault also enters equitable distribution under Va. Code 20-107.3 as one of the eleven factors, in the form of the circumstances contributing to the dissolution. Those are the two places where a fault ground has direct financial consequence.

Where the Suit Proceeds

Va. Code 20-96 gives the circuit courts of the Commonwealth exclusive original jurisdiction of all suits for divorce, so the divorce itself is heard in the circuit court for the county or city where venue lies. Juvenile and domestic relations district courts handle support and custody matters but cannot grant the divorce. Va. Code 20-97 requires six months of actual bona fide residence and domicile in Virginia before the suit is commenced.

Relief While the Case Is Pending

Va. Code 20-103 allows the court to enter pendente lite orders during the suit: compelling maintenance and support, providing for custody and support of minor children, granting exclusive use of the family residence, and enjoining the disposition of marital property. That relief is available on filing rather than at conclusion, which matters most where one spouse controls the assets.

Discovery and the Documentary Record

Financial disclosure is compulsory, and the exchange reaches tax returns with all schedules, statements for every account, entity records, and the documents behind any claim that property is separate. Complete production on a first request is the exception. The remedy is a motion, and a pattern of partial disclosure shapes how a court views the party well beyond the discovery dispute itself.

Settlement Posture

The productive window opens once appraisals and any forensic work have been exchanged, because only then can both sides see a realistic range, and it closes as trial preparation costs approach the amount genuinely in dispute. Trial remains right where a valuation gap cannot be bridged or where a party will not produce records. That decision deserves a written estimate of cost and realistic gain.

Frequently Asked Questions

How long must we be separated for a no-fault divorce in Virginia?

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.

Which court hears a Virginia divorce?

The circuit court. Va. Code 20-96 gives the circuit courts exclusive original jurisdiction of all suits for divorce; juvenile and domestic relations district courts handle support and custody but not the divorce.

Does equitable distribution mean equal?

No. Va. Code 20-107.3 directs the court to weigh eleven statutory factors. An equal result is common in a long marriage but it is a conclusion rather than a starting rule.

What if my spouse controls the records?

Disclosure is compulsory and discovery reaches banks, brokerages, employers and entities. Incomplete production is addressed by motion, and Va. Code 20-103 allows the court to enjoin disposition of marital property while the suit is pending.

How long will this take?

It depends on the volume of discovery, whether appraisals are required, and the circuit court’s calendar. Matters resolved after the expert work is exchanged conclude sooner than those tried.

What should I bring to the first meeting?

Recent tax returns with all schedules, statements for every account, any premarital or postnuptial agreement, entity documents for any business interest, and a short written timeline.

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.

Related pages

• Grounds for divorce in Virginia
• Virginia spousal support
• Virginia divorce and family law
• Virginia equitable distribution

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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