Tag Archives: Grounds for divorce Virginia

Divorce Virginia Laws 20-91 Fairfax Prince William Richmond Beach Loudoun

Divorce – Virginia Lawyers

If you are facing a divorce in Virginia, you need an experienced attorney to guide you. First and foremost, we have to determine the basis for a divorce. Our Virginia attorneys have the knowledge and experience to assist you with your divorce in Virginia.

Once we have an opportunity to discuss your divorce case with you, we will let you know the procedure for filing for a divorce and papers required to file the divorce.

Contact us for help with your divorce in Virginia.

We have clients meeting locations in Fairfax, Richmond, Virginia Beach, Prince William, Loudoun, Fredericksburg & Lynchburg

The following is the statute that addresses the grounds for a divorce in Virginia.

Divorce Virginia Laws 20-91

Divorce Virginia Laws 20-91

GROUNDS FOR DIVORCE IN VIRGINIA:

§ 20-91. Grounds for divorce from bond of matrimony; contents of decree.

A. A divorce from the bond of matrimony may be decreed:

(1) For adultery; or for sodomy or buggery committed outside the marriage;

(2) [Repealed.]

(3) 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);

(4), (5) [Repealed.]

(6) 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; or

(7), (8) [Repealed.]

(9) (a) 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. 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. A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad litem to represent the insane defendant.

(b) This subdivision (9) shall apply whether the separation commenced prior to its enactment or shall commence thereafter. Where otherwise valid, any decree of divorce hereinbefore entered by any court having equity jurisdiction pursuant to this subdivision (9), not appealed to the Supreme Court of Virginia, is hereby declared valid according to the terms of said decree notwithstanding the insanity of a party thereto.

(c) A decree of divorce granted pursuant to this subdivision (9) shall in no way lessen any obligation any party may otherwise have to support the spouse unless such party shall prove that there exists in the favor of such party some other ground of divorce under this section or § 20-95.

B. A decree of divorce shall include each party’s social security number, or other control number issued by the Department of Motor Vehicles pursuant to § 46.2-342.

A divorce from the bond of matrimony (a vinculo matrimonii).

Virginia Statutes Sub-section Divorce from the bond of matrimony:(Complete and Absolute divorce) Grounds
Va. Code § 20-91  § 20-91(1) 1.   Adultery,
§ 20-91(1) 2.   Sodomy or Buggery Committed outside the marriage
§ 20-91(3) 3.   Felony Conviction Felony Conviction for more than one year, and cohabitation has not been resumed after knowledge of such confinement
§ 20-91(6) 4.   Guilty of cruelty caused reasonable apprehension of bodily hurt,
§ 20-91(6) 5.  Willfully deserted or abandoned the other Divorce may be decreed to the innocent party after a period of one year from the date of such act
§ 20-91(9)(No Fault divorce) 6.  Lived Separately With out Separation Agreement Parties have lived separate and apart without any cohabitation and without interruption for one year
With Separation Agreement and no child parties have entered into a separation agreement and there are no minor children and have lived separately and apart without cohabitation and without interruption for six months.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

Once we have an opportunity to discuss your divorce case with you, we will let you know the procedure for filing for a divorce and papers required to file the divorce.

Contact us for help with your divorce in Virginia.

We have clients meeting locations in Fairfax, Richmond, Virginia Beach, Prince William, Loudoun, Fredericksburg & Lynchburg

We also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

 

Divorce Virginia Laws 20-91 Fairfax Prince William Richmond Beach Loudoun

Divorce – Virginia Lawyers

If you are facing a divorce in Virginia, you need an experienced attorney to guide you. First and foremost, we have to determine the basis for a divorce. Our Virginia attorneys have the knowledge and experience to assist you with your divorce in Virginia.

Once we have an opportunity to discuss your divorce case with you, we will let you know the procedure for filing for a divorce and papers required to file the divorce.

Contact us for help with your divorce in Virginia.

We have clients meeting locations in Fairfax, Richmond, Virginia Beach, Prince William, Loudoun, Fredericksburg & Lynchburg

The following is the statute that addresses the grounds for a divorce in Virginia.

Divorce Virginia Laws 20-91

Divorce Virginia Laws 20-91

GROUNDS FOR DIVORCE IN VIRGINIA:

§ 20-91. Grounds for divorce from bond of matrimony; contents of decree.

A. A divorce from the bond of matrimony may be decreed:

(1) For adultery; or for sodomy or buggery committed outside the marriage;

(2) [Repealed.]

(3) 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);

(4), (5) [Repealed.]

(6) 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; or

(7), (8) [Repealed.]

(9) (a) 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. 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. A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad litem to represent the insane defendant.

(b) This subdivision (9) shall apply whether the separation commenced prior to its enactment or shall commence thereafter. Where otherwise valid, any decree of divorce hereinbefore entered by any court having equity jurisdiction pursuant to this subdivision (9), not appealed to the Supreme Court of Virginia, is hereby declared valid according to the terms of said decree notwithstanding the insanity of a party thereto.

(c) A decree of divorce granted pursuant to this subdivision (9) shall in no way lessen any obligation any party may otherwise have to support the spouse unless such party shall prove that there exists in the favor of such party some other ground of divorce under this section or § 20-95.

B. A decree of divorce shall include each party’s social security number, or other control number issued by the Department of Motor Vehicles pursuant to § 46.2-342.

Some of the courts we cover in Virginia:
Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 AMunicipal Center
Virginia Beach, VA 23456

A divorce from the bond of matrimony (a vinculomatrimonii).

Virginia Statutes

Sub-section

Divorce from the bond of matrimony:(Complete and Absolute divorce)

Grounds

Va. Code § 20-91  § 20-91(1) 1.   Adultery,
§ 20-91(1) 2.   Sodomy or Buggery Committed outside the marriage
§ 20-91(3) 3.   Felony Conviction Felony Conviction for more than one year, and cohabitation has not been resumed after knowledge of such confinement
§ 20-91(6) 4.   Guilty of cruelty caused reasonable apprehension of bodily hurt,
§ 20-91(6) 5.  Willfully deserted or abandoned the other Divorce may be decreed to the innocent party after a period of one year from the date of such act
§ 20-91(9)(No Fault divorce) 6.  Lived Separately Without Separation Agreement Parties have lived separate and apart without any cohabitation and without interruption for one year
With Separation Agreement and no child parties have entered into a separation agreement and there are no minor children and have lived separately and apart without cohabitation and without interruption for six months.

Once we have an opportunity to discuss your divorce case with you, we will let you know the procedure for filing for a divorce and papers required to file the divorce.

Contact us for help with your divorce in Virginia.

We have clients meeting locations in Fairfax, Richmond, Virginia Beach, Prince William, Loudoun, Fredericksburg & Lynchburg

We also cover the following courts in Virginia:
Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.