§ 20-91. Grounds for Divorce
Virginia recognizes both fault-based and no-fault grounds for divorce. The fault-based grounds include adultery (or sodomy or buggery committed outside the marriage), conviction of a felony resulting in confinement of more than one year without resumed cohabitation, and cruelty or willful desertion or abandonment after a one-year waiting period. The no-fault ground is separation: one year of living separate and apart without cohabitation, reduced to six months where the parties have a separation agreement and there are no minor children.
Choosing whether to pursue a fault-based ground is a strategic decision, not just a technical one. It can affect eligibility for spousal support and, in some cases, the equitable distribution of property. Pursuing a fault ground also raises proof issues of its own — fault must be established by clear and convincing evidence, and litigating it can add time, cost, and conflict to a case that might otherwise resolve on a no-fault basis.
The grounds for divorce are periodically revised by the General Assembly, most recently in 2026. Case-specific guidance should always be confirmed against the current Code of Virginia or through consultation with counsel.
Va. Code § 20-91 (Code of Virginia)
