Does Virginia Allow Fault-Based Divorces?

 Posted on November 11, 2026 in Divorce

Some divorces are more volatile than others. When a marriage ends on a sour note in Virginia, one spouse may have reason to consider pursuing a fault-based divorce. This requires proof that a no-fault divorce does not ask for, but it has its own benefits as well. For more information, reach out to a Fairfax, VA divorce attorney today.

At Taylor Huguley Powers PLLC, we have received over 100 5-star reviews from clients who have trusted us with sensitive family matters. We can sit down with you to see if you have a case for a fault-based divorce, or help you defend against allegations of fault in your divorce.

When Can You Get a Fault-Based Divorce in Virginia?

A fault-based divorce in Virginia lets one spouse ask the court to end the marriage over the other spouse’s misconduct. State law permits only a few fault-based grounds (Virginia Code Sec. 20-91). The spouse who files must prove the ground with evidence. Virginia recognizes these fault grounds for divorce:

• Adultery: A spouse had sex with someone outside the marriage. Under the current law, the adultery must have happened before the couple’s last separation.

• Felony conviction: A spouse was convicted of a felony after the wedding, sentenced to more than one year, and confined for that crime. The couple must not have lived together again after the other spouse learned of the confinement.

• Cruelty: A spouse acted cruelly, abandoned the other spouse, or gave the other spouse a reasonable fear of bodily harm. The innocent spouse must wait one year from the date of the act before the court can grant the divorce.

Accusations of adultery or a felony conviction do not require any waiting period before the divorce can be granted. Still, Virginia courts expect strong proof in fault cases. A spouse’s own word is usually not enough. Witness testimony, photos, messages, financial records, or court records may help support the claim.

How Can You Get a No-Fault Divorce in Virginia in 2026?

A no-fault divorce in Virginia does not require either spouse to prove wrongdoing. Instead, the spouses must live separate and apart for a set amount of time. During that time, they cannot live together as a married couple. The separation also cannot be interrupted.

For most couples, the separation must last one year. The waiting time drops to six months if two things are true. First, the spouses have signed a separation agreement. Second, they have no minor children together, whether born to them or adopted.

A separation agreement is a written contract between spouses. It can settle property, debts, spousal support, and other issues. A clear agreement often makes the final steps of the divorce faster and less stressful.

Some couples separate while still living in the same home. This approach is possible, but it may be harder to prove. The spouses may need to show that they stopped sharing a bedroom, meals, and daily married life. Either spouse can file for a no-fault divorce once the separation period is complete.

How Does Fault Affect the Divorce Proceedings in Virginia?

Fault in a Virginia divorce can affect more than the reason the marriage ends. It may also impact spousal support, property division, and the length of the case.

Adultery can have a strong effect on spousal support. In general, a spouse who committed adultery may be barred from receiving support. A judge can still award support if denying it would be clearly unfair, based on each spouse’s fault and finances.

A judge may also consider the reasons the marriage ended when dividing marital property. Fault often carries more weight when it harmed the family’s finances. For example, a spouse who spent shared money on an affair may receive a smaller share of the remaining property.

Fault can also come up in custody disputes. A parent’s misconduct may be considered if it affects the child’s safety or well-being.

Fault-based cases also tend to take more time and cost more money. Each claim needs evidence, and the other spouse is likely to push back against claims of wrongdoing. The right approach depends on the facts of each marriage and the goals of each spouse.

Contact Our Alexandria, VA Divorce Lawyers

At Taylor Huguley Powers PLLC, we help spouses decide whether fault-based or no-fault grounds fit their situation. Our firm can gather evidence to support a fault claim, negotiate a separation agreement, or prepare a case for court when the other spouse will not cooperate. We explain each option in plain terms so you can move forward with confidence. Contact our Alexandria, Virginia family attorneys or call 703-879-6500 to schedule a consultation today.