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Virginia Divorce Start Your Divorce Find Professionals Virginia Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Virginia Products Divorce by County Welcome About Us 100% Guarantees Central Log in Contact Us Find Professionals Start Your Divorce States Categories Forms Divorce Laws Articles Forums Blogs Encyclopedia Checklists Tools Bookstore For Professionals Virginia Divorce Start Your Divorce Find Professionals Virginia Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Virginia Products Divorce by County In order to file for a divorce in Virginia, residency requirements must be met for the court to accept the case.
If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed.
Income received from separate property during the marriage is separate property if not attributable to the personal effort of either party.
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.
Fault: (1) For adultery; or for sodomy or buggery committed outside the marriage; (2) 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); (3) 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.
The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court.
The divorce grounds are as follows: Divorce from the bond of matrimony may be decreed: No Fault: (1) 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.
The standard of living established during the marriage; 3. The age and physical and mental condition of the parties and any special circumstances of the family; 5.