What are the recognized grounds for divorce in Virginia, and how do they apply to my situation?
In Virginia, divorce can be granted on both fault-based and no-fault grounds. Understanding the recognized grounds and how they apply to your situation is crucial when considering divorce. No-Fault Grounds: Separation: If the spouses have lived separate and apart without cohabitation for a statutory period, generally one year for couples without minor children or six months with a signed separation agreement and no minor children, they can pursue a no-fault divorce. This means there doesn't need to be any allegation of wrongdoing by either party. Fault-Based Grounds: Adultery: If one spouse can prove that the other committed adultery, it is a recognized fault ground for divorce. Adultery can impact the distribution of marital property and spousal support. Cruelty or Desertion: Physical or mental cruelty or abandonment can also serve as grounds for a fault-based divorce. The injured party needs to provide evidence of the cruelty or desertion to support their case. When applying th...