In Virginia, a divorce can be granted on either fault or no-fault grounds. Fault typically involves adultery, desertion, or cruelty. Fault leading to the dissolution of the marriage is a factor for consideration in spousal support awards and property distribution.

A proven ground of adultery entitles the petitioner to an immediate final order of divorce, whereas other fault grounds require a one-year period of separation for a final divorce.

In contrast, a no-fault divorce can be obtained after a six-month continuous separation, if there are no minor children and the parties have entered into a written separation agreement. In the absence of such an agreement, or if minor children are involved, a one-year continuous separation is required for a no-fault divorce. Determining whether or not to assert marital fault against your spouse can have an impact on the divorce process.

Whether you initiate or defend against a suit for divorce, the issues and procedures are essentially the same. Ms. Joffe will assist you to identify the appropriate grounds on which to base your divorce petition and help you navigate through the divorce process.