Grounds for Divorce: 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:
Divorce from the bond of matrimony may be decreed:
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) Imprisionment 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)
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 effect in order to help prevent rash decisions to terminate a marriage.
Related Divorce Resources:
- Start Your Virginia Divorce Today (5 Great Options!)
- Locate a Virginia Divorce Professional Near You
- Read More About Virginia Divorce Laws
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