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Grounds for Divorce in Virginia
Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.
Grounds for Filing: The Complaint for Divorce must declare the appropriate Virginia grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:
No Fault:(1) Living separate and apart without any cohabitation and without interruption for one year with children.
(2) Living separately and apart without cohabitation and without interruption for six months without children.
Fault:(1) For adultery or sodomy;
(2) Imprisonment for more than one year;
(3) Where either party has been guilty of cruelty;
(4) Willfully deserted or abandoned the other.
(Virginia Code - Title 20 - Sections: 20-91)
Copyright Notice: The above synopsis of Virginia grounds for divorce is original material which is owned an copyrighted by Divorce Source, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited. Violation of this notice will result in immediate legal action.
If you do not fall under any of the above mentioned grounds for divorce/dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in place in order to help prevent rash decisions to terminate a marriage. You can also learn more about the grounds for divorce in other states.
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Author: Mary L. Boland, Attorney at Law
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