While many couples choose no fault divorce, Virginia law also recognizes fault based divorce. This option allows one spouse to file for divorce by proving the other spouse engaged in misconduct that caused the marriage to break down. Understanding fault based divorce in Virginia can help you decide whether this path is right for your situation.

Grounds for Fault Based Divorce in Virginia
To pursue a fault based divorce in Virginia, one spouse must prove that the other committed one of the following:

• Adultery: Voluntary sexual relations outside the marriage.

• Cruelty: Physical abuse or actions that make living together unsafe.

• Desertion or Abandonment: One spouse leaving the marriage without justification.

• Felony Conviction: If a spouse is convicted of a felony and sentenced to more than one year in prison.

Why Choose Fault Based Divorce in Virginia?
A spouse may file for a fault based divorce in Virginia for several reasons, including:

• Quicker Resolution: In some cases, proving fault may allow you to divorce sooner, without the waiting period required in no fault cases.

• Financial Advantage: Proving fault may impact property division or spousal support. For example, if adultery is proven, the at-fault spouse may be barred from receiving alimony.

• Custody Considerations: Fault may be a factor in child custody decisions if the misconduct affects the children’s well-being.

Challenges in Fault Based Divorce in Virginia
While fault based divorce can offer certain advantages, it also comes with challenges:

• Burden of Proof: The accusing spouse must provide strong evidence, such as witnesses, documents, or other proof.

• Emotional Stress: Allegations of misconduct can make the process more adversarial and emotionally draining.

• Privacy Concerns: Fault based divorces often involve sensitive issues being presented in court.

Do You Need a Lawyer for a Fault Based Divorce?
Because fault based divorce in Virginia requires evidence and court hearings, having an experienced divorce lawyer is essential. An attorney can help gather evidence, present your case, and protect your rights throughout the process.

Conclusion
A fault based divorce in Virginia allows one spouse to hold the other accountable for misconduct that ended the marriage. While this option may provide financial or legal benefits, it also requires solid evidence and can be more contentious. Consulting with a skilled Virginia divorce attorney ensures you understand your options and can pursue the best path forward.