) We would like to show you a description here but the site won’t allow us. Can you file for divorce without a lawyer? There are two types of divorce in Virginia: “Fault” and “No-fault” It’s harder to get a “fault-based” divorce, since the fault grounds are very limited, have to be proved, and will usually be contested by your spouse. However, there are a couple of ways to speed up the divorce process. 21 hours ago · This comprehensive guide explores the differences between annulment and divorce in Virginia, highlighting legal processes, grounds for each, and the impact on child custody and property division. Feb 2, 2015 · Only adultery qualifies you for an immediate divorce, but all the fault based grounds entitle you to at least file for divorce immediately. You have to meet two criteria. Apr 4, 2021 · Divorce for Adultery in Virginia It may surprise you to hear that adultery is still a crime in Virginia. No divorce from the bonds of matrimony shall be granted except upon one or more of the following grounds, to wit: (1) adultery; (2) desertion for a period of one year; (3) physical cruelty; (4) habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug; or (5) on the The quickest divorce option in Virginia is an uncontested divorce, where both parties agree on all terms without requiring court intervention. Unlike divorce, annulment declares a marriage void, addressing complexities such as fraud, coercion, mental incapacity, and age-related issues. Learn more about Virginia family law at FindLaw. Learn residency rules, separation timelines, and attorney insights to speed up your case. Grounds for divorce from bond of matrimony; contents of decree. Because adultery is a crime in Virginia – it’s a level IV misdemeanor – it requires a higher evidentiary standard than the other fault based grounds for divorce. ] (3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony Dec 12, 2024 · Virginia law includes specific timing provisions that prevent divorces from happening as quickly as many people hope. A divorce from bed and board is a partial or qualified divorce under which the parties are legally separated from each other but are not permitted to For experienced divorce attorneys in Virginia, contact The Daugherty Law Firm. Annulment is a legal procedure that renders a marriage void, while divorce formally dissolves a valid marriage. We would like to show you a description here but the site won’t allow us. Jul 9, 2025 · What types of divorce are there in Virginia? What are the residency requirements for divorce in Virginia? What are the residency requirements for divorce in Virginia if my spouse or I am in the military or a civilian employee of the United States? What are the grounds for divorce in Virginia? Getting alimony Additional information and resources Jun 13, 2025 · Virginia law provides specific legal pathways for ending a marriage. In Virginia, to prove adultery, you must meet the clear and convincing standard. Not everyone can get a divorce after just a six month separation, though. However, the process can be streamlined in certain situations, especially if the divorce is uncontested. But what if you or your spouse commit adultery after you are separated? Post Separation Adultery In many marriages, couples who choose to obtain a no-fault divorce simply split their belongings and live Dec 2, 2024 · In a fault based divorce, your fault based grounds make up your grounds of divorce. Understand fault-based grounds, separation requirements, and how men can navigate the divorce timeline efficiently. Sep 18, 2024 · We still require a lot of proof in order to grant a divorce with clear and convincing evidence. Mar 9, 2022 · In the other states, however, you’ll be able to use your spouse’s domestic abuse as the grounds for divorce. Learn about Virginia divorce laws and how to file for divorce. Grounds for Divorce from Bed and Board Virginia divorce laws also include a procedure called a Divorce from Bed and Board. GROUNDS FOR DIVORCE AND DEFENSES Sec. If you want to know why I used quotes around the word “immediate” read this article. Dec 12, 2023 · The divorce process in Virginia begins when a ground for divorce is established and ends when a judge signs the final decree of divorce. Why does it matter? In Virginia, you have to have grounds to get divorced, and adultery is grounds for divorce. Feb 21, 2020 · Corroboration of Divorce Grounds Every ground for divorce must be corroborated, regardless of whether or not the divorce is sought on no-fault grounds or fault-based grounds. no-fault options, and court factors. ” (The last line on the form will be completed by the court clerk. Understanding these distinctions is essential for individuals facing marital dissolution Oct 1, 2025 · Virginia law allows no-fault and fault-based divorces. In Va, an affair can be used as grounds for an immediate divorce (as opposed to being separated for one year for couples with children). Your divorce papers are guaranteed with a 100% refund to be accepted by your local Virginia court. This includes cruelty, bodily harm, or reasonable apprehension of bodily harm. In order to get a divorce in Virginia, the parties involved must be residents of Virginia, be legally separated, determine the custody of children if any, and make arrangements for the division of property. Get the latest news headlines and top stories from NBCNews. Jul 9, 2018 · I’m talking about actual sex. INSUPPORTABILITY. Dec 11, 2025 · Discover how to qualify for a fast uncontested divorce in Virginia. Discover what constitutes grounds for annulment, the legal implications, and the processes required to file for annulment in Virginia. Divorce is complicated. This form asks some questions including the grounds of divorce. Adultery also qualifies you for an “immediate” divorce. Review this important information before starting your Virginia divorce. In cases of adultery (which is defined as a married individual having voluntary sex with another person), you can file for divorce immediately without waiting after a separation period. Wondering if you can bypass Virginia’s one year separation period? Learn the fault based grounds for immediate divorce. But even if you're in a no-fault divorce state, you may be able to introduce evidence of your spouse’s behavior during the case. Learn if a sexless marriage is grounds for divorce in Virginia, including legal considerations, fault vs. From the legal process to who to contact, it's all here. Domestic violence falls under various categories, depending on what state you live in. Learn how factors like financial circumstances, remarriage, and employment changes can influence alimony agreements. Dec 18, 2023 · Preparation is key when getting ready for divorce in Virginia. Learn about the processes involved and the Grounds are legally acceptable reasons for divorce. This is known as the “grounds” for divorce. Aug 2, 2021 · If you can’t get an immediate divorce – or just don’t want to go that messy, expensive, contested divorce route – you’re not alone. Learn about the differences, timelines, and how grounds can impact support and property division. Get the information you need to understand a legal overview of the divorce laws in Virginia so you can make informed decisions. Understanding these grounds is crucial for individuals considering annulment, as they include the legal implications of declaring a marriage invalid. Nov 2, 2022 · When filing for a divorce, you can cite grounds for the end of the marriage. In this case, the filing spouse needs time to collect evidence, and the judge needs time to review them. DISSOLUTION OF MARRIAGE CHAPTER 6. Domestic violence is, by legal definition, a form of such cruelty. The various types of and grounds for a divorce in the State of Virginia by Denbigh Law Center. In Virginia, like in pretty much every other state, you have to have grounds to file for divorce. Discover the steps involved in filing for a modification, the burden of proof required, and common misconceptions 21 hours ago · This comprehensive guide explores annulment in Virginia, focusing on the crucial distinctions between annulment and divorce, particularly in cases of fraud or misrepresentation. Learn about the uncontested divorce process in Virginia and whether you qualify. Jun 19, 2023 · Step 1: Determine the Grounds for Divorce When you start a divorce in Virginia, you can initiate a fault-based case if you have evidence that the other party’s misconduct led to marriage termination. FAMILY CODE TITLE 1. § 20-91. ] (3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony 2 days ago · This comprehensive guide provides an in-depth understanding of alimony in Virginia, including its purpose, types, and the legal framework for modifications. Virginia’s divorce laws have several built-in requirements that slow down a divorce. What are the Grounds for Divorce? Virginia law recognizes two types of divorce: divorce from bed and board (a mensa et thoro) and a divorce from the bond of matrimony (a vinculo matrimonii). Feb 4, 2022 · In Virginia, you have to be separated for a year to get a divorce no matter what grounds you use, unless you meet TWO criteria: (1) you have no minor children, and (2) you have a signed agreement. If so, then you can get divorced after just six months of separation. What if I can’t get a separation agreement in place? If you can’t get a separation agreement in place, then you can’t get an uncontested divorce. Jun 11, 2024 · It is considered a serious fault ground. 21 hours ago · This comprehensive guide explores annulment in Virginia, detailing the legal process that declares a marriage null and void. Four of these reasons don’t require a waiting period: -adultery, sodomy, or buggery: sed as grounds for divorce if you continue to live with your spouse after the act is ly be used as grounds for divorce if you do not live with your spouse a In order to get a divorce in Virginia, the parties involved must be residents of Virginia, be legally separated, determine the custody of children if any, and make arrangements for the division of property. A divorce from the bond of matrimony may be decreed: (1) For adultery; or for sodomy or buggery committed outside the marriage; (2) [Repealed. Get legal guidance on VA divorce laws. A divorce from bed and board is a partial or qualified divorce under which the parties are legally separated from each other but are not permitted to This guide covers the divorce process, legal requirements, how to file, and more. May 16, 2025 · Virginia divorce laws include both no-fault and fault-based grounds for ending a marriage. You can get a divorce in Virginia without claiming that your spouse is at fault if: you and your spouse live separate and apart without “cohabitating” for at least one year; or you and your spouse enter into a separation agreement, do not share any biological or adopted children, and live separate and apart without “cohabitating” for 1. You can get a divorce in Virginia without claiming that your spouse is at fault if: you and your spouse live separate and apart without “cohabitating” for at least one year; or you and your spouse enter into a separation agreement, do not share any biological or adopted children, and live separate and apart without “cohabitating” for Navigating divorce in Virginia? Our complete guide covers VA family law, including child custody, support, alimony, property division, and the divorce process. DivorceWriter is the fast and easy way to prepare your uncontested Virginia divorce online without a lawyer. You may not need to state a specific reason for your divorce, but you will need grounds for divorce in order for the court to finalize it. The quickest divorce option in Virginia is an uncontested divorce, where both parties agree on all terms without requiring court intervention. This includes domestic violence and abuse. THE MARRIAGE RELATIONSHIP SUBTITLE C. Jul 13, 2022 · Technically, it is possible to get an ‘immediate’ divorce in Virginia, if you use adultery as your grounds. Jun 30, 2022 · Uncontested divorce is often the cheapest and quickest way to get divorced. Jan 8, 2016 · All of the fault based grounds allow you to FILE for divorce immediately, but only adultery allows you to move forward with the divorce proceedings immediately. And second, you have to have a signed separation agreement. The Prince William County law firm is prepared to discuss your visitation, parenting plan, contested divorce, uncontested divorce, modification, and separation case. May 10, 2023 · Virginia divorce laws are complicated and difficult to understand in the best of circumstances. Understanding separation requirements is key for those seeking an uncontested divorce based on living apart for the specified period. We have adultery (sodomy and buggery), cruelty, apprehension of bodily hurt, desertion, abandonment, and felony conviction grounds for fault-based divorce in Virginia. Jul 15, 2024 · Fault-Based Divorce Grounds Aside from separation, Virginia law (§ 20-91) also allows for divorce on fault-based grounds, which include adultery, sodomy, or buggery committed outside of the marriage, a felony conviction with at least one year of confinement, and cruelty which usually refers to physical harm. What is an annulment? In Virginia, you can get a divorce for eight reasons. SUIT FOR DISSOLUTION OF MARRIAGE SUBCHAPTER A. Understand Virginia divorce grounds, from no-fault separation to fault-based claims like adultery, desertion, & cruelty. . Unfortunately, Virginia's case law on providing adultery doesn't provide a set of hard and fast rules. Every state that allow Nov 26, 2025 · Learn when you can file for an immediate divorce in Virginia. CNBC is the world leader in business news and real-time financial market coverage. Virginia law requires that all grounds for divorce be corroborated. When you file for divorce using this program, the grounds of divorce using this program should be “living separate and apart for one year [or six months]. The process for getting a divorce and acceptible grounds for divorce vary from state to state. The fault grounds authorized in Virginia include: adultery, felony, cruelty, and desertion. Ensure accuracy as this information is crucial for court records. 21 hours ago · Marriage annulment is a legal procedure that renders a marriage null and void, distinct from divorce. That’s just a statutory requirement. This page at VALegalAid. FAQ: Does Cheating Affect Divorce Settlement in Virginia? Q: How long do I have to file for divorce on the grounds of adultery in Virginia? A: In Virginia, there is no specific time limit for filing for divorce on the grounds of adultery. org will provide you with information about filing for divorce in Virginia and free (or very discounted) legal resources to contact for additional help. On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities Mar 13, 2017 · While you may have grounds for a fault-based divorce, couples sometimes pursue a no-fault divorce for expediency and to save on the expense and embarrassment of proving fault allegations. In Virginia, annulments can be granted on specific grounds such as fraud, incapacity, bigamy, or duress. But, the courts only offer two grounds for divorce — adultery and imprisonment. In Virginia, a divorce can be completed on average in a minimum of 180 days, with court fees of $84. If you cite imprisonment as the grounds for your divorce, you must prove that the courts sentenced your spouse to death or prison with hard labor. 001. They did this by amending separation grounds to decrease the period of separationrequired before a divorce could be granted, in some cases to as little as 6 months. When you prepare your divorce petition (the formal application for divorce), you must provide the court with a reason, or "legal grounds," for why you're seeking a divorce. May 14, 2025 · Learn how fault-based divorce works under Virginia family law, including adultery, cruelty, abandonment, and felony conviction. Also, you can file for divorce, choosing an irretrievable breakdown as a reason, without proving any wrongdoing by the other spouse. Find videos and news articles on the latest stories in the US. For a while, it seemed almost impossible to prove adultery. Oct 2, 2025 · For a separation divorce, the primary evidence is the testimony of one or both spouses confirming the separation date and that you have lived separately without cohabitation for the required statutory period. Learn about the grounds for annulment in Virginia, including fraud and coercion, understand the time limits for filing, and the statutes of Aug 25, 2025 · In Virginia, you can get a divorce on either fault based or no fault based grounds. Grounds are legally acceptable reasons for divorce. Unlike divorce, annulment treats the marriage as if it never existed, impacting property distribution and child custody. Click ‘Get Form’ to open the Virginia Divorce document in the editor. Grounds for Immediate Divorce in Virginia Virginia recognizes several fault-based grounds for divorce, which can allow you to bypass the one-year separation requirement. Learn the basics about divorce in Virginia so you can protect yourself. Types of Divorce in Virginia There are two main types of divorce in Virginia: no-fault divorce and fault-based divorce. This comprehensive guide outlines the statutory grounds for divorce, the implications of each ground, and provides insights into how these factors can affect property division, spousal support, and child custody arrangements. In the section regarding grounds for divorce, specify whether you are filing based on separation or other grounds such as adultery. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Virginia for a minimum of six months. Cordell & Cordell Virginia divorce attorneys provide answers to frequently asked questions about the divorce process and Virginia divorce laws. If you are facing a divorce for adultery in Virginia, you may know this already. It can also be used to not award the cheating spouse spousal support. In Virginia, adultery and bodily harm are recognized grounds for divorce that may allow immediate filing. A. Aug 21, 2025 · Navigating divorce in Virginia involves understanding its legal framework, including fault and no-fault grounds for separation. 21 hours ago · Explore the legal process of annulment in West Virginia, where marriages can be invalidated due to fraud or misrepresentation. In Virginia, though, cruelty is a fundamental reason to get a divorce. Mar 9, 2021 · In Virginia, the person filing for divorce needs to have “grounds” for divorce. Virginia Divorce Law: Grounds for Immediate Divorce Proving misconduct and understanding legal grounds for expedited divorce can be challenging. No Contest/Fault Divorce in VA I have been separated from my spouse (officially living separately) for over a year and am looking to finalize the divorce process in the absolute easiest way possible. Jul 30, 2019 · Everything you need to know about divorce in Virginia. When you have grounds for divorce, you can file. If applicable Feb 21, 2025 · No-Fault Divorce and Fault-Based Divorce in Louisiana The Louisiana courts recognize no-fault and fault-based divorce. Unlike divorce which acknowledges the What are the grounds for divorce in Virginia? Read the complete list & request a free family law consultation from our divorce attorneys. 1. Some states allow parties to file for divorce on fault-based grounds, meaning you claim that your spouse's actions during the marriage caused the divorce. Jun 18, 2025 · Navigating a contested divorce in Virginia requires understanding the legal path from filing to final decree, including key decision points and alternatives to trial. A divorce from bed and board is a partial or qualified divorce under which the parties are legally separated from each other but are not permitted to Oct 25, 2025 · Step-by-step filing roadmap covering Virginia residency rules, separation periods, required forms, Circuit Court venue, and 2025 fees. In addition, the timeline can be delayed if spouses choose fault-based grounds for divorce like adultery, conviction of a felony, cruelty, etc. Heres how timing works: Without minor children: You can file for divorce after being separated for at least six months, provided you have a comprehensive settlement agreement. When you decide to move forward with a divorce the law requires that you have a reason. Aug 10, 2025 · What the Law Says: Grounds For Immediate Divorce In Virginia Virginia recognises two kinds of divorce: no-fault and fault-based**. Grounds for divorce. This comprehensive guide outlines the importance of honesty in marital agreements and the burden of proof required 21 hours ago · This comprehensive guide on marriage annulment in West Virginia explores the legal framework, common grounds for annulment, and essential steps in the annulment process. 00. Is Domestic Violence Oct 2, 2025 · For a separation divorce, the primary evidence is the testimony of one or both spouses confirming the separation date and that you have lived separately without cohabitation for the required statutory period. Understand the grounds for annulment, including issues like lack of consent, mental incapacity, and deceitful practices that undermine marriage integrity. Aug 8, 2022 · Get answers to some of the most common questions about getting a divorce in Virginia, including how long it takes and how much it could cost. [16] A paper was published in the Jun 22, 2020 · If you use fault grounds, you must be separated for a year, unless your grounds are adultery, in which case you could (theoretically at least) be granted an immediate divorce. First, you can’t have any minor children. com. Mar 13, 2017 · While you may have grounds for a fault-based divorce, couples sometimes pursue a no-fault divorce for expediency and to save on the expense and embarrassment of proving fault allegations. Understand each ground's elements, legal impact, and case law. 6. SECTION 20-3-10. The complaint is really important, because it officially opens up your divorce as far as the court is concerned. Jun 12, 2024 · Here's how: Grounds for Divorce: Domestic violence is a valid ground for filing for divorce in Virginia. If any of those applies to you, you can file before your one year is up. It is one of the “fault grounds” for divorce, but it does not accelerate the process. Learn how the reason for your divorce can impact the process and its final outcome. § 20-90 Suit to affirm marriage § 20-91 Grounds for divorce from bond of matrimony; contents of decree § 20-92 Repealed § 20-93 Are you and your spouse seeking a divorce and aren't sure where to start? Read our guide on Virginia divorce laws and how you can start your divorce process. Child Custody and Visitation: Courts prioritize the safety of children and may restrict or supervise visitation rights of the abusive parent. Nov 1, 2025 · The scandal engulfing Andrew is of his own making but has had a profound impact on his immediate family. For example, in one Virginia case, the court denied a woman's divorce petition because she didn't convince the judge that her husband committed adultery. When you file for divorce, you submit a document called a complaint to your local circuit court. Find fast, actionable information. May 6, 2022 · The only grounds for which you can file for divorce immediately in Virginia is adultery. Begin by filling out your personal information, including your full name, address, and contact details. Some states eased their divorce laws through strategic amendments to existing fault-based laws, without enacting an explicit, no-fault statute. Proving fault-based grounds is far more demanding. The National Organization for Women opposed the introduction of no-fault divorce in New York State because it would allow a party who actually is at fault to obtain a divorce in which "alimony, maintenance [and] property division" would be determined without the judge considering "the facts, behavior and circumstances that led to the break-up of the marriage". For most people, the word “cruelty” is the start of a phrase or search leading to innocent animals. A divorce from bed and board is a partial or qualified divorce under which the parties are legally separated from each other but are not permitted to § 20-91.

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