Divorce in Virginia is a legal process that dissolves a marriage and addresses the distribution of assets, spousal support, and issues regarding children such as custody, visitation, and child support. Virginia recognizes two main types of divorce: “divorce from bed and board” (a partial or legal separation) and “divorce from the bond of matrimony” (an absolute divorce). divorce in virginia
To file for divorce in Virginia, at least one spouse must be a resident of the state for a minimum of six months. There are several grounds for divorce in Virginia, classified as either fault-based or no-fault. Fault-based grounds include adultery, cruelty, desertion, and conviction of a felony with a sentence of more than one year. Adultery, while a common fault ground, requires clear and convincing evidence, making it more challenging to prove. No-fault divorces can be granted if the spouses have lived separately without cohabitation for at least one year, or six months if there are no minor children and the parties have entered into a separation agreement.