Grounds for Divorce

Virginia has two types of divorces. Divorces based upon a period of separation by the parties, also known as “uncontested divorces,” and divorces based upon one of several fault grounds. Divorces based upon a period of separation either require a separation of six months or more, no children of the parties under the age of eighteen (18), along with a property settlement agreement, or a period of separation of one year or more, which is required if parties without minor children do not have a separation agreement, or for parties with one or more children of the parties whether or not they have a separation agreement. Fault grounds in Virginia include:

• Adultery, sodomy or buggery
• Abandonment
• Constructive Abandonment
• Physical cruelty
• Mental or emotional cruelty
• Reasonable apprehension of bodily hurt
• Conviction of a spouse of a felony after the marriage with a sentence of confinement for a period of one year or more

Each such ground for divorce has particular requirements. Adultery has a requirement for evidence which is called “clear and convincing,” rather than the typical burden of proof in civil cases, which is “preponderance of the evidence.”