In Virginia, a dissolution of marriage can be pursued on either fault-based or no-fault grounds. Fault-based grounds involve proving that one party committed an act that constitutes marital misconduct. Examples of such misconduct include adultery, desertion, cruelty, and felony conviction. Establishing grounds, such as adultery, requires presenting evidence to the court.
The availability of fault-based grounds provides an alternative avenue for ending a marriage, which can be strategically advantageous in certain situations. Historically, fault was the primary basis for divorce. While no-fault options now exist, the option to allege fault remains significant, particularly in cases where one party seeks to expedite the process or obtain specific outcomes regarding spousal support or property division.