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Virginia Grounds for Divorce

The Complaint for Divorce is the initial document filed with the Virginia court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The court may grant a divorce from the bond of matrimony for one of the following grounds:

No Fault Based Grounds:
(1) Living separate and apart for a period of at least 1 year. If the parties have entered into a separation agreement regarding the property and issues regarding any children, this period of time is reduced to 6 months.

Fault Based Grounds:
(1) For adultery; sodomy or buggery; (2) Conviction of a felony or incarceration for at least 1 year; (3) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act. (Virginia Code - Title 20 - Sections: 20-91)