Divorce In Virginia: Stating Ground And Receiving Grant

Going through a separation is already an overwhelming situation. And to top the sufferings off, divorce lawsuits can rage financial troubles on the defendant. 

Typically, divorce cases are handled by civil courts. And the right to grant divorce rests with the court. However, there are certain limitations involved, depending upon the type of case and the state in which the divorce is filed. 

In this article, we will be discussing some of these limitations for the state of Virginia. 

Virginia is a No-Fault State

The state of Virginia does not grant a divorce without understanding the reasons behind the lawsuit. And it makes sense too, during a divorce, it’s not just the couple that has to suffer but the entire family. 

Evidently, this also means that any dependents on the separating spouses would also bear the consequences. 

To put this into perspective, the state of Virginia has laid down some grounds for granting a divorce. 


In the state of Virginia, if one of the spouses abandons or deserts the other, the suffering spouse can file for a divorce. Usually, in such cases, a Divorce by Publication is granted to the plaintiff. However, according to the law, the spouses must be separated for at least, 1 year if they have any kids from the marriage. Or 6 months, if they do not have any kids, including any adopted kids. 


If one of the spouses is involved in adultery, meaning they have physical intimate relations with someone outside the marriage, the other spouse can seek divorce. Notably, in divorce cases involving adultery charges, both parties cannot stay together, either voluntarily or involuntarily. 


Another specified ground for filing a divorce in the state of Virginia is when one of the spouses accuses the other of cruelty. It usually involves domestic violence, abuse (both verbal and non-verbal), threatening, and many other cases. In a nutshell, a cruelty charge is filed when one of the spouses faces any physical, financial, social, emotional, or psychological abuse from the other. 


Though not many divorce cases are filed for felony charges, the spouses can still file for the same, if one of the partners is charged with a felony. This also includes, if any of the partners has served or is serving imprisonment. Usually, the spouses are required to wait for at least a year before they can file for a divorce on the grounds of a felony. 


The most common of all the reasons for filing a divorce in the United States is also considered ‘ground’ in the state of Virginia. If the partners are living separately for 6 months to 1 year, they may file for a divorce. However, having kids can affect the grant of divorce, along with several other factors.

The Gist

When seeking a divorce it is obvious to be a little anxious about your kids and your estate. However, with the right knowledge at hand, it can be easily dealt with. No matter, what your reasons are for filing a divorce, consulting with a legal attorney to help you through the process would be a lot better.


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