1. Home
  2. /
  3. Fairfax, Arlington & Northern

Grounds for Divorce

In Virginia, the person filing for divorce needs to have “grounds” for divorce. The fault grounds authorized in Virginia include: adultery, felony, cruelty, and desertion. Alternatively, a spouse may file for “no-fault divorce” after separation. An individual must be a legal resident in Virginia for at least 6 months before filing for divorce.

Adultery

In Virginia, adultery constitutes grounds for divorce, but requires corroboration of evidence of one spouse having intimate relations with a party outside the marriage. However, both spouses can’t voluntarily live together after knowledge of the adultery. The filing spouse must file for divorce within 5 years of learning about the adultery.

Felony

A spouse can file for divorce in Virginia if the other spouse is convicted of a felony after the marriage. The conviction must result in confinement for at least one year. Additionally, the spouses cannot continue to live together after one spouse learns of the other’s confinement.

Cruelty

An individual can file for divorce if his or her spouse is guilty of cruelty or caused reasonable apprehension of bodily hurt. The filing spouse must file for divorce within one year of the relevant act. Cruelty typically requires conduct that causes bodily harm or fear of bodily harm and makes living together unsafe. Conduct resulting in mental anguish and repeated neglect may constitute cruelty if it makes the marriage intolerable.

Desertion

A spouse may also file for divorce if he or she was willfully deserted or abandoned by the other spouse. Desertion requires a spouse to willfully separate from the other spouse without justification with the intent to remain separated permanently. This separation does not require physical separation, but may also be established if the spouse abandons his or her marital duties.

Separation

A spouse may file for divorce after being separated and living apart for a set period of time. If the couple has minor children, they must be separated for one year before filing for divorce. If the couple doesn’t have children, they can file for divorce after living separately for 6 months, if both spouses enter into a separation agreement establishing how property will be divided.

All grounds for divorce in Virginia must be corroborated by evidence, including an independent witness. The standard of proof and evidence required differs depending on the grounds for divorce alleged. Additionally, the grounds of divorce alleged may impact the division of property. Going through a divorce can be difficult enough already, without the financial implications. Individuals should consider consulting an attorney knowledgeable in the process and relevant laws. Our family law attorneys can help you navigate the process.

What Other Clients Have Said About Our Family Law Practice

Professionalism, honesty, and efficiency… Joanna has it all!

I hired Joanna after a long drawn out battle of a divorce. Once I finished my divorce I went to Joanna with the intention of getting my child to my planned home with my new husband. Fast forward just a few months and we are now married and happily residing in Hawaii. Throughout the process Joanna was always honest, to the point, and efficient in what she expected of the courts and how my situation looked. I would recommend her to anyone looking for someone who can get results and be forthright in what you can expect.

Shawn

Look No Further For Family Law Representation

Obviously when you require legal services it’s awesome to find someone that you can be confident with and comfortable in your dealings.

Joanna Foard is that attorney!

She is easy to speak with, detailed when it comes to that moment when you stand before the bench and most importantly prepared.

What a relief to be represented in such a professional manner!

Thank you sooo much!

Lance

Honest lawyer who keeps it real!

When you first meet with Joanna it is like you are talking to an old friend. She is very knowledgeable along with being empathetic to your situation. Don’t let that fool you though, as soon as the time is right the boxing gloves come on and she is prepared and ready to fight.

Anna

Clear and compassionate

I consulted with Joanna regarding a dispute over some intricacies of a contract. She instantly understood my case and was wonderful at quickly explaining what breaches had occurred and what options I had moving forward. When I didn’t understand a finer point, she was happy to explain it until I did. Speaking with Joanna is a pleasure and I cannot recommend her highly enough for her kind and straightforward professionalism.

Samuel

The Personal Touch

After consulting with a few attorneys, I hired Joanna to work my case because she made me feel at ease. I couldn’t believe how responsive she was to every question and concern I had. She often proactively followed up just to see how I was doing if she hadn’t heard from me in a few days. She is thorough, informative, and personable. Just what I needed while going through one of the most difficult times of my life.

Anonymous

Divorce completed in 8 weeks

Joanna was attentive to every detail of my case. She was available for my questions and returned my calls and emails promptly. Joanna’s attention to detail and compassionate heart made me know I was not just another file in her case-load. She is a compassionate attorney who goes above and beyond to make sure her clients feel cared for and know that she is taking care of them. She prepared me for court by running me through all the questions that would be asked, so I never felt off guard. Joanna made a very difficult situation as smooth and painless as possible.

Tamela

Herculean Effort

Joanna is incredibly hard-working, understanding, knowledgeable, and responsive. Besides all that, she’s a pleasure to work with…which is so appreciated given the difficult issues she’s helped us work through. I’ve often thanked her for the Herculean effort she’s put forth on behalf of my family and me. I would highly recommend Joanna.

Anonymous

Highly recommended

Joanna Foard has been my family law attorney for the past several months, and I have felt so supported and attended to. She spent so much time with me on our initial consultation, and put me at ease and felt like a friend. My case has been very challenging and there has been so much uncertainty. I felt a relief just having her represent me. She got right to work without missing a beat and truly took my financial concerns into account. She has been honest and straightforward. She has not only been incredibly responsive, but she has shown she truly cares about my situation and wants to help bring resolve and peace. She responds to emails quickly, and if I call unexpectedly, she has either taken the call or returned the call in a timely manner. She is kind and supportive. She even sent a heartfelt sympathy card when I lost my grandmother. I don’t know any attorney who would take the time to do that. She is thorough and thinks out of the box. She is clear and concise, but that’s not to say she won’t take the time needed to ensure my questions are answered. Although she is not able to see my case through to the end due to her out-of-state move, she has never dropped the ball, and has only treated me with respect and consideration. I recommend her without reservation.

Anonymous

Savior

Ms Johana Foard and her colleagues took over my Divorce case that had been lingering for over 2 years with no hope in sight!!! My other attorney took advantage of me being out of State, after thousands of dollars! Within 3 weeks Johana and her staff closed out my divorce even after opposing counsel was dragging her feet and not sending in the signed agreement that my ex- wife and I had agreed on. Johana took it upon herself to make sure it happened! I would definitely recommend Johana and staff! Thanks Johana!!!

Richard

We won !!!

Joanna represented me in a domestic violence stalking injunction case in which I was wrongly accused of stalking. She was thoroughly prepared for the hearing, and made sure to answer all of my questions before the hearing occurred so that I knew exactly what to expect, and what questions I would be asked. It is really unnerving to be accused of something that you did not do, and I am so grateful to Joanna for easing my fears and helping get the injunction dismissed! I would definitely recommend her to my family and friends, or anyone who needs an aggressive attorney that truly listens to your concerns and is totally on their side. I can’t thank you enough or recommend you enough, Joanna!

Jutta

Amazing attorney

I can’t begin to tell you where I should start when talking about Joanna. She comes across very sweet and innocent, but once you get to know her she is like a lion ready to pounce. I hired Joanna to take over when our previous attorney switched the type of law she was practicing. She picked up in the middle and carried it all the way through. She really makes you feel like you are a friend and not just a client. I would give her 10 stars if I could. Joanna is amazing.

Leandra

Professional Problem Solver

Joanna was an absolute angel! Professional, knowledgeable, compassionate and patient. She listened to gain understanding of my concerns. She outlined a plan in a clear and concise manner. She achieved the best case outcome for my difficult situation. Very pleased with the results, and have no reservations about recommending her to anyone in a challenging situation that needs resolving by a sharp, clear-thinking pro.

Vincent

A Genuine People Person who Happens to Practice Law

Joanna was by far the kindest and most considerate attorney I have hired. From our first encounter through the conclusion of our case, my wife and I had no doubt that our best interest was at the forefront of her mind. She and her team worked efficiently to make the best use of the fees we paid. Joanna also expertly explained Latin-based legal terminology to us in plain English, so that we knew exactly what was going on. The case was resolved to our satisfaction and I highly recommend her services. I will not hesitate to pick up the phone and contact Joanna again, should the need arise.

Nick

The best there is.

Joanna Caccioppoli is a consummate professional, and more. She was extremely helpful throughout my divorce; not only with the outstanding legal advice she provides, but with empathy. Should you contact her, she is quick to get back to you. She works hard to get you what you deserve. She pulled my losing battle into an utter victory. I could not be more thankful to have had her in my corner.

A.J.

Professional, Passionate, Proficient and very Pleasant to work with!

Joanna assisted with navigating a difficult divorce agreement when emotions were running high. My original lawyer failed to move proceedings along at an appropriate pace, and I hired Joanna to pick up from where he left off, and from Day 1 Joanna was on the ball, holding the opposing party accountable for their actions, and ensuring a timely and suitable resolution to our case.

She stuck to the facts, allowed the truth to be showcased, and stood her ground when personal attacks came our direction. With Joanna in your corner, you never have to feel alone. She will defend you and your position like a Pitbull if necessary, but was always great to work with, and carried with her an upbeat demeanor at all times.

I’d highly recommend Joanna’s services to anyone that needs not only professional representation, but also a friend as you navigate through a difficult scenario!

Alex

TOP