Grounds for Divorce in Virginia: No-Fault, Adultery, Cruelty, and Desertion

Virginia law requires you to state specific legal grounds in your Complaint for Divorce. You cannot simply tell the court you want out — you must identify a statutory basis under Va. Code Section 20-91. Here is every available ground, what it requires, and what it means for your case.

No-Fault: Living Separate and Apart

The most common ground. Under Section 20-91(A)(9)(a), you must prove that the parties have lived separate and apart, continuously and without cohabitation, for the statutory period:

• Six months — no minor children, signed Property Settlement Agreement in place
• Twelve months — all other cases

No evidence of wrongdoing is required. No one is "at fault." You simply prove the separation occurred and lasted long enough.

Since July 2021, uncontested no-fault divorces no longer require a corroborating witness. Your own sworn affidavit is sufficient.

Adultery (Section 20-91(A)(1))

Adultery means voluntary sexual intercourse with someone other than your spouse. Virginia also includes sodomy and buggery (oral or anal sex outside the marriage) under this ground.

Key features:

• No waiting period to file — you can submit a Complaint immediately upon discovering the infidelity
• Evidentiary standard is "clear and convincing" — higher than the normal civil standard
• Requires independent corroborating evidence beyond your own testimony (texts, photos, witness statements, hotel records)
• Circumstantial evidence is accepted if it proves both opportunity and inclination

Financial consequence: Under Section 20-107.1(B), a spouse proven to have committed adultery is barred from receiving spousal support, unless the court finds that withholding support would cause "manifest injustice" based on the parties' relative economic positions. This is a high bar to clear.

Criminal dimension: Adultery remains a Class 4 misdemeanor in Virginia (Section 18.2-365), though prosecutions are virtually nonexistent.

Cruelty and Reasonable Apprehension of Bodily Harm

This ground requires proof of physical violence or emotional abuse that renders continued cohabitation unsafe. Courts look for:

• A pattern of violent behavior (a single act may suffice if egregious enough)
• Severe emotional abuse that endangers mental health
• Credible threats creating reasonable fear of physical harm

The standard is high — mere incompatibility, frequent arguments, or emotional coldness do not qualify. You must show that living together has become dangerous.

No waiting period applies. File immediately with police reports, medical records, protective orders, or witness testimony as supporting evidence.

Willful Desertion or Abandonment

Desertion means one spouse unilaterally leaves the marital home without legal justification, intending to permanently end cohabitation. Requirements:

• The departure must be voluntary and without the other spouse's consent
• Intent to permanently abandon the marriage must be demonstrable
• The desertion must continue uninterrupted for one full year before a Final Decree can be issued

"Constructive desertion" — where one spouse's behavior becomes so intolerable that the other is forced to leave — can also qualify, though it is harder to prove.

Felony Conviction and Imprisonment

Available when a spouse has been:

• Convicted of a felony after the date of marriage
• Sentenced to more than one year of confinement
• Actually confined in a state or federal correctional facility
• Not resumed cohabitation with the innocent spouse after the conviction became known

This ground is straightforward to prove — certified court records and Department of Corrections documentation establish the facts objectively.

Divorce from Bed and Board (Section 20-95)

This is a limited, partial divorce — a legal separation that does not fully dissolve the marriage. You cannot remarry after a bed-and-board decree, but the court can:

• Order property division
• Award spousal support
• Establish custody and support arrangements
• Require one spouse to vacate the marital home

Bed-and-board grounds mirror the fault-based grounds above: cruelty, desertion, or reasonable apprehension of harm. It is most commonly used as an emergency mechanism when a spouse needs immediate court intervention (property protection, financial support) but the full no-fault separation period has not elapsed.

After a bed-and-board decree has been in effect for one year, either party can petition to convert it into a full divorce from the bond of matrimony.

Which Ground Should You Choose?

For most pro se filers, the no-fault separation ground is the practical choice. It requires no evidence of wrongdoing, no adversarial litigation, and no corroborating witnesses (since 2021). The tradeoff is the waiting period.

Fault-based grounds make strategic sense when:

• You want to eliminate the other spouse's right to spousal support (adultery)
• You need immediate court action before the separation period expires (bed and board)
• The other spouse's conduct is so egregious that documenting it on the record serves your interests in property division

The Virginia Divorce Filing Process Guide covers how to properly plead your chosen ground in the Complaint, with formatting templates that meet Circuit Court standards.

See more Virginia guides →