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Home arrow FAQ arrow Virginia Divorce FAQ arrow What are the grounds for divorce in Virginia?
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What are the grounds for divorce in Virginia? Print E-mail

Virginia law recognizes two types of divorce: divorce from bed and board (a mensa et thoro) and a divorce from the bond of matrimony (a vinculo matrimonii). A divorce from bed and board is a partial or qualified divorce under which a husband and wife are legally separated from each other but are not permitted to remarry. A divorce from the bond of matrimony is a complete and absolute divorce. Any person granted a divorce from bed and board may ask the court to “merge” the decree into a divorce from the bond of matrimony after at least one year has passed from the date the parties originally separated.

In a divorce from bed and board, there are two types of fault grounds for divorce in Virginia:

  • Willful Desertion or Abandonment

  • Cruelty and Reasonable Apprehension of Harm

In a divorce from the bonds of matrimony, there are three types of fault grounds for divorce in Virginia:

  • Separation Divorce or a "No Fault Divorce"

  • Adultery, Sodomy or Buggery

  • Conviction of a Felony

Many divorces filed based upon fault grounds are often resolved as uncontested divorces based upon separation in excess of one year as provided by statute in Virginia.

 
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