The Virginia Code specifies the grounds upon which a divorce can be granted. These grounds include fault based grounds, as well as the “no fault” ground of having lived separate and apart for a period of time, during which period one of the parties intended for the separation to be permanent. (For more information, see Grounds for a Virginia Divorce and Virginia No Fault Divorce.) When the divorce is based on fault, however, the non-filing spouse may raise defenses that, if proven, will prohibit the judge from granting the divorce on fault grounds.
Defenses available in fault based divorces include the following:
These defenses are not available in suits for a no-fault divorce.
If marital fault has been alleged against you in a complaint for divorce, consult an attorney right away to determine whether any of these defenses apply!
An outstanding job on my case to have custody, visitation and support decided in my home state instead of Virginia after I separated from military service.- A.E.