Filing a Contested Divorce in Virginia

An individual filing a contested divorce in Virginia can assert grounds of adultery, felony conviction or cruelty. Virginia's no-fault assertions are based on either a husband and wife's living apart without interruption for one year; or where there are no children and the parties have entered into a separation agreement. Either the petitioner or respondent must be domiciles and have resided in the state at least six months before filing.

§ 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;

(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);

(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

(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.

§ 20-97. Domicile and residential requirements for such suits.

No suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties is and has been an actual bona fide resident and domiciliary of this Commonwealth for at least six months preceding the commencement of the suit; nor shall any suit for affirming a marriage be maintainable, unless one of the parties be domiciled in, and is and has been an actual bona fide resident of this Commonwealth at the time of bringing such suit.

Talk to a Divorce Lawyer

If you are a domicile of Virginia who has resided in state for at least six months, you can file for a contested divorce. You can assert either statutory grounds or show that you and your spouse have lived apart for a year. Talk with an attorney experienced with Texas's divorce laws to facilitate your case.

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