Livesay & Myers, P.C. has a team of family law, custody and divorce lawyers in Fairfax, representing clients in Fairfax County and all across Northern Virginia.

A good lawyer knows the law, a great lawyer knows the judge—and the court system. Nowhere is that more true than Fairfax County, known as one of the most demanding jurisdictions in Virginia. For example, the Fairfax Circuit Court Practice Manual lays out procedures for everything that might happen in a Fairfax divorce, from the initial filing through trial. The rules are so specific as to require that certain types of pleadings are to be filed on specific types of colored paper. These requirements may seem overwhelming to lawyers from outside jurisdictions, but the attorneys in our Fairfax office practice in these courts every day. Our family lawyers live and breathe the local rules—we know the judges, the system and the law.

Grounds for Divorce in Virginia

It is important for any person facing a separation or divorce to familiarize themselves with the grounds for divorce, both fault-based and no-fault, in their state. The grounds for divorce in Virginia are:

Adultery. The adultery ground for divorce requires proof by “clear and convincing evidence” of sexual intercourse outside the marriage. A divorce may also be granted on proof of sodomy or buggery committed outside the marriage. Unlike some other divorce grounds, there is no waiting period before filing on the ground of adultery. Adultery can be very difficult to prove, but if proven may have serious financial implications in the divorce, at least on the issue of spousal support. For more information, including how to prove adultery, defenses to an adultery charge, and impact of adultery in a Virginia divorce, see Adultery and Divorce in Virginia.

Cruelty. The cruelty ground requires proof of “cruelty or reasonable apprehension of bodily hurt.” Acts of physical violence and conduct that endanger the life, safety, or health of one’s spouse will constitute cruelty. Abusive language, humiliating statements, and repeated neglect can also constitute cruelty. While cruelty is typically proven by evidence of a succession of acts, a single act of cruelty is sufficient if it is a very serious act. A spouse’s abuse of alcohol does not constitute cruelty unless it is coupled with other misconduct. A final divorce cannot be granted on the ground of cruelty until one year has elapsed since the acts of cruelty.

Desertion. The desertion or abandonment ground requires proof that a spouse broke off the matrimonial cohabitation with an intent to desert. Desertion does not occur when the husband and wife mutually agree to separate. “Constructive desertion” may be found where a spouse refuses to engage in sexual intercourse, without justification, while also failing to fulfill other significant marital duties. A final divorce cannot be granted on the ground of desertion until one year has elapsed since the desertion or abandonment.

Separation. Unlike many other states, Virginia does not have legal separations granted by courts. However, a married couple may enter into a separation agreement, stipulating that they will live apart and divide their property and debts in a certain way. These agreements usually resolve any other outstanding issues, such as child custody and visitation, child support and spousal support. With such an agreement in place, once the parties have separated and lived apart for six months (with no minor children) or twelve months (with minor children), either party may then file for divorce on the ground of separation.