Grounds for Divorce

The grounds for divorce are listed in Virginia Code Section 20-91. They include:

Adultery. Sexual infidelity where a party has had sexual relations with someone other than their spouse. Flirting, sexting, or exchanging nude photos is not sufficient. There must be actual physical intimacy. The cheater must have engaged in genital, oral, or anal intercourse with someone other than their spouse.

Cruelty or desertion. Cruelty can include one spouse causing the other to fear physical harm. Physical assault clearly qualifies. Causing fear of assault will also be a ground for divorce.

Separation for more than a year. There are only two requirements for this. One is actual physical separation. The other is an intention by one of the parties to end the marriage. People sometimes claim they were separated even though living under the same roof. This can work but probably will require an in-person appearance in court.