Virginia recognizes both fault-based and no-fault grounds for divorce. In a fault-based divorce, one party must prove the other committed a specific act, such as adultery, desertion, cruelty, or felony conviction. For instance, evidence of an extramarital affair, substantiated by testimony or documentation, can serve as grounds for divorce under the adultery provision.
The availability of fault-based divorce provides options for individuals who may not meet the waiting period requirements of a no-fault divorce, or who seek to influence the outcome of property division or spousal support based on the other party’s misconduct. Historically, fault grounds were the only avenue for dissolving a marriage. While no-fault options have become prevalent, fault-based divorces remain relevant in specific circumstances.