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What Are The Grounds For Divorce In Virginia?

On Behalf of | Sep 30, 2022 | Divorce

In Virginia, when people who are getting divorced will think about various issues including spousal support, child custody, child support, parenting time and property division. However, it is easy to forget about the most fundamental aspects of a case.

Specifically, that means knowing the grounds for divorce under the law. Each case is different, so the grounds can be important to how the other areas of the case are decided. Therefore, it is essential to have professional help.

What should I know about the grounds for divorce?

In Virginia, if a person commits adultery or other sexual acts with someone other than the spouse, it is a justification to get a divorce. Criminal conduct is a second reason for which a divorce can be granted. If a person is convicted of a felony, is incarcerated for more than a year and the couple has not resumed living together after confinement, it is a reason to grant the divorce.

Some marriages have the unfortunate aspect of abuse. If either spouse is found guilty of cruelty, one gave the other a reasonable fear of being injured, or deserted or abandoned the other party, then the divorce can be granted after one year has passed from the date in which the act happened.

Living separately will give the court the ability to grant a divorce. Either side can ask for divorce for this reason. They must have lived apart with no resumption of cohabitation for at least one year. There can also be a divorce if the parties have lived apart for six months provided they have a separation agreement and no minor children either by birth or by adoption.

Being prepared for a divorce includes having experienced and professional help

Relationships can come undone for a variety of reasons. With the grounds for divorce in the commonwealth, there can be a single reason the court can grant the divorce or a combination.

Whether it is a contentious relationship or the sides are on reasonably good terms and just want to move on from the marriage, it is important to have a firm basis in the law before moving forward. For assistance, it is useful to contact legal professionals with a history of helping people with family law concerns, explaining their options and how to proceed.