A. A divorce from the bond of matrimony may be decreed:
(1) For adultery; or for sodomy or buggery committed outside the marriage;
(2) [Repealed.]
(3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his conjugal rights);
(4), (5) [Repealed.]
(6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or
(7), (8) [Repealed.]
(9) (a) On the application of either party if and when they have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when they have lived separately and apart without cohabitation and without interruption for six months. A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad litem to represent the insane defendant.
(b) This subdivision (9) shall apply whether the separation commenced prior to its enactment or shall commence thereafter. Where otherwise valid, any decree of divorce hereinbefore entered by any court having equity jurisdiction pursuant to this subdivision (9), not appealed to the Supreme Court of Virginia, is hereby declared valid according to the terms of said decree notwithstanding the insanity of a party thereto.
(c) A decree of divorce granted pursuant to this subdivision (9) shall in no way lessen any obligation any party may otherwise have to support the spouse unless such party shall prove that there exists in the favor of such party some other ground of divorce under this section or § 20-95.
B. A decree of divorce shall include each party's social security number or other control number issued by the Department of Motor Vehicles pursuant to § 46.2-342.
Code 1919, § 5103; 1926, p. 868; 1934, p. 20; 1952, c. 100; 1960, c. 108; 1962, c. 288; 1964, cc. 363, 648; 1970, c. 311; 1975, c. 644; 1982, c. 308; 1986, c. 397; 1988, c. 404; 1997, cc. 794, 898; 2020, cc. 270, 900.
Structure Code of Virginia
Chapter 6 - Divorce, Affirmation and Annulment
§ 20-89.1. Suit to annul marriage
§ 20-90. Suit to affirm marriage
§ 20-91. Grounds for divorce from bond of matrimony; contents of decree
§ 20-93. Insanity of guilty party after commencement of desertion no defense
§ 20-94. Effect of cohabitation after knowledge of adultery, sodomy or buggery; lapse of five years
§ 20-95. Grounds for divorces from bed and board
§ 20-96. Jurisdiction of suits for annulment, affirmance or divorce
§ 20-97. Domicile and residential requirements for suits for annulment, affirmance, or divorce
§ 20-99. How such suits instituted and conducted; costs
§ 20-99.1:1. How defendant may accept service; waive service
§ 20-99.2. Service in divorce and annulment cases
§ 20-102. When not necessary to allege or prove offer of reconciliation
§ 20-103. Court may make orders pending suit for divorce, custody or visitation, etc.
§ 20-104. Order of publication against nonresident defendant
§ 20-104.1. Orders of publication may be combined
§ 20-105. Permissible form for orders of publication
§ 20-105.1. Alternative procedures
§ 20-106. Testimony may be required to be given orally; evidence by affidavit
§ 20-107.1. Court may decree as to maintenance and support of spouses
§ 20-107.1:1. Court may decree as to maintenance of life insurance policy
§ 20-107.2. Court may decree as to custody and support of children
§ 20-107.3. Court may decree as to property and debts of the parties
§ 20-108. Revision and alteration of such decrees
§ 20-108.1. Determination of child or spousal support
§ 20-110. Maintenance and support for a spouse to cease on remarriage
§ 20-111. Decree of divorce from bond of matrimony extinguishes contingent property rights
§ 20-111.1. Revocation of death benefits by divorce or annulment
§ 20-112. Notice when proceedings reopened
§ 20-114. Recognizance for compliance with order or decree
§ 20-115. Commitment and sentence for failure to comply with order or decree
§ 20-116. Effect of divorce from bed and board and what court may decree
§ 20-117. Divorce from bond of matrimony after divorce from bed and board
§ 20-118. Prohibition of remarriage pending appeal from divorce decree; certain marriages validated
§ 20-120. Revocation of decree from bed and board
§ 20-121.01. Decree of divorce from bonds of matrimony without decree from bed and board
§ 20-121.02. Decree of divorce without amended bill or amended cross-bill
§ 20-121.03. Identifying information confidential; separate addendum
§ 20-121.1. Reinstatement of suit
§ 20-121.2. Validation of absolute divorce granted where no decree from bed and board
§ 20-121.3. Validation of certain divorces granted prior to April 23, 1962
§ 20-121.4. Restoration of former name