The grounds for divorce in Virginia fall into two categories - fault and no-fault. The no-fault grounds for divorce are living separate and apart for at least one year with the intention that the separation is to be permanent or if you have no children and both parties sign a written property settlement agreement, then the separation period is six months. It does not matter what the reasons are, as long as you live separate and apart for the requisite time period, that gives you grounds for divorce.
The fault-based grounds for divorce include adultery, cruelty, and desertion. These do no require a separation period before filing the divorce, although all but adultery require you to be separated for a year before the divorce can actually be finalized.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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