Grounds for Divorce


The following information consists of excerpts from the Virginia Code regarding the grounds for divorce in Virginia. It is for informational purposes and is far from exhaustive. There are other relevant statutes and case law. You should consult a lawyer before making any decision regarding your family law matter.

The grounds for divorce from the bond of matrimony are set forth in Section 20-91(A) of the Virginia. They are the following:

“[-]For adultery; or for sodomy or buggery committed outside the marriage;

[-]Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights);

[-]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; or

[-]On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months.”

The grounds for divorce from bed and board are set forth in Virginia Code Section 20-95. They are cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment.