Divorce may be defined as the legal ending of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states like Virginia generally accord divorces because forcing a couple to stay married would be against public policy.

According to the Virginia State Bar, Virginia law recognizes two types of divorce: divorce from bed and board (a mensa et thoro) and divorce from the bond of matrimony (a vinculo matrimonii). A divorce from bed and board is a partial or qualified divorce under which a husband and wife are legally separated from each other, but are not permitted to remarry. A divorce from the bond of matrimony is a complete and absolute divorce. Any person granted a divorce from bed and board may ask the court to “merge” the decree into a divorce from the bond of matrimony at least one year after the date that the parties originally separated.

"No-fault" and "fault" are the two types of grounds, or justifications, for divorce in the United States. In some states, no-fault is the only acceptable grounds for divorce, even if fault grounds exist within the marriage. The other states, including Virginia, permit the parties to select either a no-fault or a fault divorce. The Cornell University Law School website, law.cornell.edu, gives a comprehensive overview of divorce and separation law in the United States.

The United States first adopted the concept of no-fault divorce in the late 1960's, and nearly all of the states currently allow for some form of it. A no-fault divorce is one in which the individuals involved do not legally fault, or blame, one another for the divorce. Some examples of the justifications for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” One spouse cannot generally stop a no-fault divorce, simply because when one spouse wants a divorce and the other spouse does not, this constitutes irreconcilable differences, which justifies a no-fault divorce. The no-fault grounds for divorce in Virginia are irreconcilable differences which have caused a breakdown in the marriage resulting in the spouses living separate and apart for at least one year.

Many states require a "cooling-off" period of separation for a specific period of time before no-fault divorce proceedings can commence. During this time, the couple is required to live separate and apart with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law.  

Some states also allow fault grounds for divorce. Common fault grounds may include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. Fault grounds for divorce in Virginia include adultery, conviction of a felony with a corresponding one year prison confinement, cruelty, violence, and willful desertion or abandonment.

Divorce laws vary widely across the United States. The American Bar Association offers a variety of information pertaining to divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including Virginia, can be found at abanet.org.

*An example of a Virginia Divorce Settlement Agreement can be seen on Free Legal Aid.