There are two types of divorce in Virginia – 1) an absolute divorce from the bonds of matrimony and 2) a bed and board divorce.  There are some other general terms used to describe divorce (for example, contested and uncontested, fault and no fault).  The types of divorce and the other common general terms describing divorces are discussed below.

Types of Divorce

An absolute divorce from the bonds of matrimony  is often referred to in legal documents as a divorce a vinculo matrimonii.  This is the type of divorce most people have in mind when they think of divorce.  It essentially means that the parties are no longer married and are free get married to other people.

A bed and board divorce is often referred to in legal documents as a divorce a mensa et thoro.  It is does not dissolve a parties’ marriage.  Instead, it treats the parties’ property and personal rights as though they were absolutely divorced.  However, the parties remain married and are not free to remarry.

Each type of divorce can be granted on different grounds.  Those grounds are provided by the Virginia Code and will be addressed in more depth on additional pages.

Contested vs. Uncontested

A divorce is contested if at least one issue in the divorce litigation remains in dispute and needs to be decided by the judge.  So when lawyers and judges refer to a divorce as being uncontested, they mean that no issues remain unresolved and that only the perfunctory technical steps of the divorce remain to be completed.

Fault vs. No Fault

Divorces in Virginia are often described as “fault” or “no fault.”  This simply describes the type of grounds upon which a particular divorce is sought.  If the divorce is asked for based upon the separation of the parties, then it is a no fault divorce.  Otherwise, it is a fault divorce.  Typically, although not always, fault divorces are contested.  Likewise, typically, but not always, uncontested divorces are no fault.