Grounds for Divorce

Grounds for an absolute divorce, one which severs the marital relationship between husband and wife, must exist on the day the divorce is filed.

In North Carolina, there is only one ground for an absolute divorce. That is that the parties have been separated for one year, without interruption. One need not prove any fault basis for the divorce.

In Virginia, there are fault grounds and a no-fault ground. A no-fault divorce can be granted after six months separation if the parties have no minor children and have signed a separation agreement. Otherwise, the parties must be separated an entire year.

Virginia also allows for a spouse to file for divorce based on the alleged fault of his or her spouse. The grounds include sexual infidelity (adultery, sodomy or buggery), conviction of a felony (which carries more than a year's sentence), cruelty (mental or physical), desertion, abandonment, or the creation of a reasonable apprehension of bodily hurt.