Virginia Divorce ~ Grounds For Divorce
There are three major factors in your marriage that will also be involved in your divorce - you, your spouse and the Commonwealth of Virginia. You will need to provide an acceptable reason to to the Commonwealth as to why you should be granted divorce. The reason for the divorce is also called the ground for your divorce.
There are different grounds for a divorce, separation and an annulment. As far as an absolute divorce there are five grounds for a court to grant an absolute divorce :
~ Adultery, Sodomy, Buggery
~ Felony Conviction, at least one year imprisonment
~ Cruelty, with one year separation. Cruelty that will grant a divorce is anything that causes bodily harm and renders cohabitation unsafe or that is dangerous to life, the person or health. On this ground, a single act of cruelty will not be enough for a divorce.
~ Desertion with one year of separation
~ Voluntary Separation with either six months with a valid separation and no minor children, or one year if there is no agreement or you have no minor children.
Any of these grounds if proved in court will result in an absolute divorce. It is possible to file for a divorce with more than one ground.
As far as limited divorce, there are four grounds for a court to grant a limited divorce :
~ Cruelty ( against the complaining party or their minor child )
~ Reasonable bodily harm
~ Desertion
~ Willful Abandonment
Limited divorces are mainly based upon willful desertion or cruelty. As we know a limited divorce is not an absolute dissolution of the marriage. In order to have a complete divorce you will have to file for an absolute divorce or an annulment.
Source : Virginia State Code