6 grounds for divorce in Virginia

Fri, 21 Jan 2011 08:00:00 EST

Before seeking a divorce lawyer in Virginia, it may help to arm yourself with some knowledge. This way you can spend your time meeting with your lawyer more effectively.

In the State of Virginia there are six grounds for divorce.

The first two grounds for divorce are also known as no-fault divorce.

1. Separate and apart for one year divorce

The most comment grounds for divorce, this requires you to be separate and apart from your spouse for one year. It's also referred to as a "no fault" divorce.

2. Separate and apart for six months divorce

Also a relatively "easy" divorce, this can be used when there are no minor children--born or adopted--in the marriage.

The parties must also have a written property settlement agreement.

The remaining four grounds for divorce are known as fault-based divorce.

1. Adultery

For divorce based on the grounds of adultery, the adultery must have occurred within the past five years.

Also, after you were informed of the adultery, you must not continue to live with your spouse.

Adultery is difficult to prove in court.

2. Conviction of a Felony

For a divorce based on the conviction of a felony, the conviction must have also resulted in incarceration in a state or federal penitentiary for at least one year.

3. Desertion plus one year separation

For this type of divorce, one spouse leaves home--without good reason--with no intent to return. The parties must have also been separated for at least one year.

Leaving home due to abuse is not considered desertion.

4. Cruelty plus one year separation

For a divorce based on cruelty, one party has abused the other physically, emotionally, or mentally. Both parties must have also been separated for at least one year.

-----
Vienna Law Group has divorce attorneys covering Fairfax, Loudon, Stafford, Prince William County and surrounding areas. Call for a free consultation.

Attorney Blog

6 grounds for divorce in Virginia