What Are The Grounds For A Divorce In Virginia Fairfax?
Understanding what are the grounds for a divorce in Virginia Fairfax is the first step in the legal process. Virginia law provides both fault and no-fault grounds for marriage dissolution. A Fairfax divorce attorney from Law Offices Of SRIS, P.C. can explain how these grounds, defined under Va. Code § 20-91, apply to your specific situation and affect critical issues like property division and support.
Statutory Grounds for Divorce in Fairfax, Virginia
Last verified: April 2026 | Fairfax County Circuit Court | Virginia General Assembly
Virginia statutes outline specific legal reasons, or grounds, for ending a marriage. The grounds you choose can influence the timeline and outcome of your case. The primary statute governing this is Va. Code § 20-91, which lists all permissible grounds. These are categorized as either no-fault or fault-based. Selecting the appropriate ground is a strategic decision that requires careful analysis of your circumstances.
Official Resources and Court Information
For the full text of the law, refer to the official Virginia Code § 20-91. The Fairfax County Circuit Court handles all divorce filings and can provide local forms and procedural rules.
Procedural Insights for Fairfax County Divorce Cases
Choosing between fault and no-fault grounds is a major strategic decision in a Fairfax divorce. A no-fault divorce based on living separate and apart for the required period is often simpler, but fault grounds like adultery or cruelty may be relevant to support and property arguments. The Fairfax County Circuit Court has specific filing requirements and scheduling practices that can impact your case timeline.
- Consult with a divorce filing lawyer to evaluate your situation and determine the most advantageous grounds.
- Gather necessary documentation, such as separation agreements, financial records, or evidence supporting fault grounds.
- Your attorney will prepare and file the divorce complaint with the Fairfax County Circuit Court clerk’s office.
- Serve the complaint and related pleadings on your spouse according to Virginia law.
- Proceed through discovery, settlement negotiations, or trial, depending on whether the divorce is contested.
Potential Outcomes and Legal Considerations
In Fairfax, Virginia, the grounds for divorce do not automatically determine financial or custody outcomes, but they can significantly influence a judge’s decisions on related matters like spousal support and equitable distribution of assets.
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience in Family Law Matters
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings combined legal experience to family law cases. Mr. Sris, the firm’s founder, personally assisted in amending Va. Code § 20-107.3, Virginia’s equitable distribution statute, giving our team direct insight into the legislative intent behind key divorce laws. We focus on providing clear guidance through the divorce process.
Case Results and Client Representation
Our attorneys provide dedicated divorce representation in Fairfax County. We approach each case with the goal of achieving a resolution that addresses our client’s priorities, whether through negotiation or litigation. Mr. Sris, with his background as a former prosecutor and deep involvement in Virginia family law, provides strategic oversight on complex cases.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Fairfax County Location
Law Offices Of SRIS, P.C.
Fairfax, VA
Toll-Free: (888) 437-7747 | Local: (703) 278-0405
By appointment only.
Our Fairfax location is centrally positioned to serve clients throughout the county, accessible via I-66, I-495 (Capital Beltway), and Route 50. If you need a divorce lawyer near Fairfax City or the Fair Oaks area, we are here to help. We serve communities across Fairfax County, including Annandale, Springfield, and Vienna. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Divorce Grounds in Fairfax
What are the no-fault grounds for divorce in Virginia?
Yes. Virginia has two primary no-fault grounds. The first is living separate and apart without cohabitation for one year. If you have no minor children and a signed separation agreement, the period is reduced to six months. The second is living separate and apart for three years due to a spouse’s mental illness.
Can I get a divorce in Virginia if my spouse committed adultery?
Yes. Adultery is a fault ground for divorce under Va. Code § 20-91. Proving it requires clear and convincing evidence. A successful claim can affect spousal support and equitable distribution, but the court must find the adultery had a direct impact on the marriage.
How long does a contested divorce take in Fairfax County?
It depends on the issues and court schedule. A simple uncontested divorce can finalize shortly after the statutory separation period ends. A contested divorce involving custody, support, and property disputes can take a year or more, depending on the complexity and the Fairfax Circuit Court’s docket.
Do I need to prove grounds if we have been separated for a year?
No. Once you meet the required separation period (one year, or six months with an agreement and no minor children), you can file for a no-fault divorce. You do not need to prove any wrongdoing or assign blame. The separation itself is the legal ground for the marriage dissolution.
What is the difference between a divorce from bed and board and a divorce from the bond of matrimony?
A divorce from bed and board is a legal separation, not a final divorce. It addresses support and property but does not allow remarriage. A divorce from the bond of matrimony is an absolute, final divorce that legally ends the marriage and permits both parties to remarry. Most filings seek the latter.