Divorce in Virginia

Virginia’s divorce rate averages 4.2 per 1000 people, somewhat higher than the US national average of 3.6. In Virginia, either spouse may file for divorce under the grounds of irreconcilable differences if they have been separated for at least a year. In a non-amicable divorce, grounds may include adultery, cruelty, conviction of a felony and willful desertion or abandonment. Most property gained during the marriage is considered community property and subject to equal division by the couple or the courts. Exceptions to this include gifts and inheritances acquired during the marriage and an increase in the worth of separate property.