What are the grounds for divorce?

In Virginia, there are two grounds for divorce: "No Fault" and "Fault". No Fault divorce requires the spouses to live separate and apart for at least one year, and to have a written separation agreement. In addition, either spouse may file for a no-fault divorce if both parties agree to the divorce. Fault divorce requires that one of the spouses be at “fault” in order for the other spouse to receive a divorce decree. Common grounds for fault divorce in Virginia include adultery, cruelty (physical or mental), desertion, conviction of a felony, or abandonment. In the event that one of the spouses wishes to contest the proposed divorce or the grounds for the divorce, they may file a written answer denying the allegations or objecting to the grounds. In this case, the court will review the evidence to decide whether or not a divorce should be granted. In Virginia, it is also possible to receive a divorce without either of the spouses being “at fault.” This is called a “divorce from other causes” and can be granted when both parties have been living separate and apart without any cohabitation for a period of at least six months.

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