Are there any grounds for an at-fault divorce?

In Virginia, a person filing for divorce has the option of filing for either an at-fault or no-fault divorce. An at-fault divorce is based on one spouse’s misconduct. The spouse filing for the divorce must prove that the other spouse caused the breakdown of the marriage. Grounds for an at-fault divorce in Virginia are adultery, desertion, cruelty, and conviction of a felony or imprisonment. Adultery is when a married person is sexually involved with someone who is not their spouse. In order to prove adultery, the filing spouse must prove that the other spouse had sexual relations with someone else and that the relationship was adulterous. Desertion is when one spouse leaves the other spouse without the consent of the other, and with the intention of abandoning them. There must also be a desertion period of one year for the desertion to be grounds for an at-fault divorce. Cruelty includes physical or mental abuse and can also be grounds for divorce. Physical abuse includes hitting, pushing, slapping, or any type of physical violence, while mental abuse includes threats, humiliation, and manipulation. The last ground for an at-fault divorce in Virginia is conviction of a felony or imprisonment. If one spouse is convicted of a felony and sent to prison, the other spouse can file for an at-fault divorce. Even if an individual meets the grounds for an at-fault divorce, they must still wait the required amount of time before they can legally file. In Virginia, a divorce cannot be finalized until the two parties have been separated for a period of at least six months.

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Are there any grounds for an at-fault divorce?

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