What Are Grounds for Divorce in Fairfax?

Articles Of Interest

July 11, 2022Author: Grant Moher, Esq.

What Are Grounds for Divorce in Fairfax?

The vows to stick together and concerns over public perception might deter some people from pursuing a divorce. Divorce also involves separating from someone you loved, raising kids together, shared property, and aspirations.

Even so, divorce in Fairfax is sometimes the right break from a dysfunctional marriage. Moreover, you can become a better parent, reunite with friends, go out more often, and reclaim your happiness upon divorce.

A divorce attorney can represent your interest in court for intricate matters like child custody, division of assets and debts, and the overall divorce process, including what grounds you need to cite. Let’s explore the grounds of divorce in Fairfax.

Willful Desertion or Abandonment

Willful abandonment or desertion occurs when a spouse leaves the house or relationship without permission or communication. In addition, desertion can involve leaving the children behind, unpaid bills, expenses, and a spouse without financial help.

If one spouse leaves home because of the abusive habits of the other partner, then they have not committed abandonment. A judge can only count desertion as a valid reason for divorce if it’s not a willful separation or intent to remain apart for one year.


Virginia laws allow at-no-fault divorce where you and your partner have been separated and living apart for more than a year without cohabitation. Couples without children or minors and have entered a property settlement agreement can file for divorce within six months of separation.

Fairfax has a more relaxed divorce procedure. Unlike other states, couples don’t need to acquire the ‘legal separation status’— in no-fault cases. You only need to involve the court during divorce hearings meaning a couple can quickly move from separated—living apart— to being legally divorced.

Conviction of a Felony

A judge can authorize a divorce if either of the parties has been convicted of a felony. When one spouse is serving a prison term for more than a year, it makes cohabitation impossible— a valid reason for divorce.

Adultery, Sodomy, or Buggery

In Fairfax having voluntary sexual relations with someone besides your spouse is a sufficient ground for divorce. Even so, there must be clear evidence beyond doubt that adultery occurred to constitute a reason for divorce.

Another valid reason for divorce is committing an act of sodomy with someone who’s not your spouse. Lastly, buggery, an act against nature, is a reasonable ground for divorce.

The following grounds of defense are sufficient to deny divorce under adultery, sodomy, or buggery.

  1. Time-barred: The adultery must have occurred five years from the date of filing for divorce
  2. Justification: If the at-fault spouse proves the accusing party made the marriage intolerable.
  3. Procurement: The accusing party is proven to have set up the at-fault spouse to commit the act.
  4. Res-Judicata: The accusing party had filed for divorce on the same grounds in the past and failed.

Talk to The Best Fairfax Divorce Attorney Near You For a Smooth Process

Divorce is a painful experience that can destabilize your affairs. It’s therefore essential to work closely with an attorney for advice, representation, and securing your best interest. Curran Moher Weis is dedicated to providing the most comprehensive divorce representation. Contact us to request a meeting.

Related Posts

Get in touch with us

Schedule a consultation with one of our experienced lawyers today by filling out the form below, or call us at (571) 328-5020.