Fault vs. No-Fault Divorce in Virginia: Which Path Is Right for You?

Getting a divorce in Virginia is never easy, but it can be particularly hard when one spouse engages in bad behavior. The other may feel strongly that the public record should reflect exactly what happened, or they might prefer to keep things private and move on as quickly as possible. Virginia law provides options either way.

Deciding whether you want a fault and no-fault divorce is one of the first and most important decisions you will face. Our experienced Virginia divorce lawyer explains the difference, the potential impacts, and how to determine which path is right for you.

What Virginia Law Says About Fault and No-Fault Grounds

A no-fault divorce is exactly what the name implies: it allows you to get a divorce in Virginia without blaming either of the parties. Under Virginia Code Section 20-91, you can file for a no-fault divorce in Loudon County by living separately from your spouse without interruption for one year. If you have no minor children and sign a written separation agreement, the waiting period is reduced to six months.

In contrast, a fault-based divorce requires you to prove that your spouse committed specific acts that caused the marriage to fail. Virginia recognizes the following fault grounds:

• Adultery;
• Cruelty or reasonable apprehension of bodily harm;
• Willful desertion or abandonment of at least one year;
• Conviction of a felony crime.

One important limitation: under Virginia Code Section 20-94, you cannot use adultery as grounds if you continued living with your spouse as husband and wife after learning of the affair, or if the act occurred more than five years before you filed.

How Fault Grounds Can Affect the Outcome of Your Virginia Divorce Case

Fault-based divorces are not just about “getting even” or exposing your spouse. Marital misconduct on their part can significantly impact your rights in a Virginia divorce settlement:

• It may entitle you to a greater share of marital property and assets.
• It can work in your favor in terms of alimony (unless you are guilty of having an affair).
• Depending on the specific type of marital conduct, it can limit your spouse’s rights to child custody and visitation.
• Filing on fault grounds allows you to move forward without waiting for the full separation period.

However, keep in mind that filing for a fault-based divorce through the Virginia Family Court requires additional efforts and time spent in legal proceedings, resulting in higher legal fees and court costs. For some, the financial benefits outweigh those costs. For others, filing for a no-fault divorce offers a faster, less contentious resolution.

Consult An Experienced Virginia Divorce Lawyer

Deciding whether to file on fault or no-fault grounds is a strategic decision with real consequences for your financial future. At Schwartz Kalina, PLLC, our experienced Virginia divorce lawyer can review your situation, explain your options, and build the best possible case. To schedule a consultation, call or contact us online today.

Sources:

law.lis.virginia.gov/vacode/title20/chapter6/section20-91/

law.lis.virginia.gov/vacode/title20/chapter6/section20-94/

law.lis.virginia.gov/vacode/title20/chapter6/section20-107.1/