Virginia recognises fault grounds (adultery, a felony conviction with confinement, cruelty, and willful desertion or abandonment) and no-fault divorce after a period of separation: one year when there are minor children, or six months with a signed separation agreement and no minor children.

One year of separation if you have minor children, or six months if you have no minor children and have signed a separation agreement. A divorce on proven adultery grounds carries no separation waiting period.

Desertion is one spouse leaving the marriage without justification and with the intent not to return. Constructive desertion is when one spouse's conduct makes continuing the marriage intolerable and forces the other to leave. Both are fault grounds under Virginia law.

It can. Virginia courts may consider fault when dividing marital property under Va. Code section 20-107.3(E) and when deciding spousal support under section 20-107.1. Adultery must be proven by clear and convincing evidence.

Yes. Cornerstone Law Group offers a free consultation, and a variety of payment options can be arranged. Call (540) 898-8881 to reach the Fredericksburg office.

Call 911 first. The National Domestic Violence Hotline is 1-800-799-SAFE. When you are safe, our family lawyers handle protective orders in Juvenile and Domestic Relations court.