Nokesville, Virginia · Fault-Based Divorce
Most Virginia divorces are no-fault, but the state still allows fault grounds, and in the right case they change things. Adultery, cruelty, and desertion are the main ones. Let me explain what each requires, what you have to prove, and when filing on fault is worth it instead of waiting out a separation.
By Corrie Sirkin, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger divorce guide. For the full picture, start with our cornerstone, Divorce in Virginia. Here, I will focus on fault grounds.
The main fault grounds
Under Va. Code § 20-91, Virginia recognizes several fault grounds. Adultery is one, and it has no waiting period. Cruelty, reasonable apprehension of bodily hurt, and willful desertion or abandonment are others, and a divorce on those grounds generally follows a one-year wait. A felony conviction with confinement of more than a year can also be a ground. Each has its own proof requirements, which is where these cases are won or lost.
Fault has to be proven
A no-fault divorce rests on time apart. A fault divorce rests on evidence. Adultery carries the highest bar, it must be shown by clear and convincing evidence and be corroborated, not proven on your word alone. The other grounds also require real proof. That higher burden is the first thing to weigh, because a fault claim you cannot prove adds cost and conflict without a payoff.
A Word About Constructive Desertion
Leaving the home does not automatically make you the deserter. If one spouse’s conduct forces the other out, the one who left may have a claim of constructive desertion against the spouse whose behavior caused it. Who moved out is not the same as who is at fault. The reason for the departure is what matters.
Wondering whether fault applies to your case?
A short conversation can tell you whether a fault ground is worth pursuing. No pressure, no commitment.
When fault is worth it
Fault can matter in two practical ways. It is one of the factors a court weighs when dividing property under Va. Code § 20-107.3, and proven adultery can bar a spouse from receiving spousal support under Va. Code § 20-107.1, with only a narrow manifest injustice exception. It can also let you avoid the wait that no-fault requires. Against those benefits, weigh the cost and the proof. For the contested process these cases often involve, see our fault-based divorce page.
Where a Nokesville case is filed
A Nokesville divorce is filed in the Prince William County Circuit Court, the 31st Judicial Circuit, at the Prince William Judicial Center, 9311 Lee Avenue in Manassas, which serves all of Prince William County.
“Fault is not about getting even. It is a tool, and like any tool it is worth using only when it actually moves your case forward.”
Corrie Sirkin, Esq. · Founding Partner
Corrie’s Practical Advice
Three habits help when fault is on the table in Nokesville. First, be honest with yourself about proof, because a ground you cannot corroborate is not worth the fight it starts. Second, ask what the fault actually buys you, a better property outcome, a support bar, or avoiding the wait, since the answer tells you whether to pursue it. Third, do not use fault as a weapon, because courts see through that and it can cost you credibility. Treat it as a strategy decision, not an emotional one, and you will make the right call.
Pursue fault when it changes the result and you can prove it. Otherwise, the no-fault route is usually cleaner.
Authoritative References
Sources
- Code of Virginia, § 20-91. Grounds for divorce from the bond of matrimony, including adultery, cruelty, desertion, and felony conviction. law.lis.virginia.gov/vacode/title20
- Code of Virginia, § 20-107.3. Equitable distribution, where the circumstances that led to the divorce, including fault, are a factor. law.lis.virginia.gov/vacode/title20
- Code of Virginia, § 20-107.1. Spousal support, including the bar on support for a spouse who committed adultery, with a manifest injustice exception. law.lis.virginia.gov/vacode/title20
- Prince William County Circuit Court (31st Judicial Circuit). Divorce filing at the Prince William Judicial Center, serving Nokesville. pwcva.gov/department/circuit-court
Statutory rules verified against the current Code of Virginia as of June 2026.
Frequently Asked Questions
What are the fault grounds for divorce in Virginia?
Under Va. Code § 20-91, the main fault grounds are adultery, cruelty, reasonable apprehension of bodily hurt, and willful desertion or abandonment. A felony conviction with more than a year of confinement can also be a ground. Adultery has no waiting period, while cruelty and desertion grounds generally require a one-year wait before the divorce is final.
Is it harder to prove a fault divorce?
Yes. A no-fault divorce rests on living apart for the required time, while a fault divorce requires evidence. Adultery carries the highest bar, it must be shown by clear and convincing evidence and corroborated, not proven on your testimony alone. The other grounds also require real proof, so a fault claim you cannot support tends to add cost and conflict without a payoff.
Does fault affect property or support?
It can. Fault is one of the factors a court weighs when dividing property under Va. Code § 20-107.3, and proven adultery can bar a spouse from receiving spousal support under Va. Code § 20-107.1, subject to a narrow manifest injustice exception. Whether fault changes your particular outcome depends on the facts, which is worth assessing before you commit to that path.
If I move out, am I the one who deserted?
Not necessarily. Leaving the home does not automatically make you the deserter. If your spouse’s conduct forced you out, you may have a claim of constructive desertion against them. Who physically moved out is not the same as who is legally at fault, the reason for the departure is what matters. Document the circumstances if this applies to you.
Should I file on fault or just wait out a separation?
It depends on what fault buys you. If a fault ground would meaningfully improve your property outcome, bar your spouse’s support, or let you avoid the separation wait, and you can prove it, it may be worth pursuing. If not, the no-fault route is usually cleaner and less costly. It is a strategy decision best made after weighing the proof against the benefit.
When You Are Ready
Let’s figure out whether fault helps your Nokesville case.
Tell me what happened, and I will help you weigh the proof against the benefit and choose the right path. The first call is a conversation, not a commitment.