What are the grounds for divorce?

In Virginia, the grounds for divorce are categorized as either “fault” or “no-fault.” “Fault” grounds for divorce are based on inappropriate behavior by one of the spouses, such as adultery, cruelty, desertion, or conviction of a felony. “No-fault” grounds are usually based on a disagreement or breakdown of the marriage, such as irreconcilable differences or living apart for an extended period of time. If the spouses seek a “fault” divorce, they must prove to the court that the other spouse was at fault. This can be done by providing evidence or testimony in court in order to establish the grounds for divorce. In some cases, evidence from an investigator, such as a private detective, may be necessary. For a “no-fault” divorce, the spouses must live separately for at least one year before filing for divorce. During this time, it is important that the spouses have not cohabitated or lived together as if they were still married. This includes sharing the same residence or engaging in any behaviors associated with an intimate relationship. In either case, it is important to remember that a divorce is a legal process and involves many complex issues that will need to be addressed in court. It is important to consult with a qualified family matters attorney in order to ensure that all of your legal rights and interests are protected throughout the process.

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