PMJF Blog

Divorce

Divorce in Virginia is governed by statute.  See Virginia Code Title 20, Chapter 6, which can be found here.  Common issues in a suit for divorce include equitable distribution, spousal support, child custody, and child support among others.   Grounds for divorce from bond of matrimony (what is commonly considered of as ‘a’ divorce) are set forth in Virginia Code § 20-91 and basically include:

  • For adultery; or for sodomy or buggery committed outside the marriage;
  • Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act;
  • On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months…

Grounds for divorce from bed and board are set forth by Virginia Code § 20-95 and such a divorce may be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment.

Information on many of the issues that arise during divorce are set forth below and we invite you to review the overviews provided.  However, it is almost always essential when seeking divorce that the advice of a qualified and experienced attorney be obtained.  Our attorneys can offer the advice and representation you will need so please contact our Downtown Lynchburg office if you are considering divorce or seeking information on divorce options.

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