In Virginia the grounds for divorce are set forth in the state Code, specifically, in Title 20, Section 91. There are four circumstances that are recognized as grounds for divorce in Virginia: (1) adultery, or sodomy or buggery committed outside the marriage; (2) conviction of a felony resulting in the confinement in jail or prison of one of the parties for at least a year; (3) physical or mental cruelty, desertion of the marital relationship, or the reasonable apprehension of bodily harm by one of the parties from the other; and (4) living separate and apart for the statutory period of time --- usually, one year --- without cohabitation and without interruption ( i.e. , “no fault”).

Frequently Asked Questions

 


Q: What Are Grounds for Divorce?

A: In Virginia the grounds for divorce are set forth in the state Code, specifically, in Title 20, Section 91. There are four circumstances that are recognized as grounds for divorce in Virginia: (1) adultery, or sodomy or buggery committed outside the marriage; (2) conviction of a felony resulting in the confinement in jail or prison of one of the parties for at least a year; (3) physical or mental cruelty, desertion of the marital relationship, or the reasonable apprehension of bodily harm by one of the parties from the other; and (4) living separate and apart for the statutory period of time --- usually, one year --- without cohabitation and without interruption (i.e., “no fault”).


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