If you are thinking about divorce in Virginia, one of the first decisions you may face is how to file. For many people, that starts with weighing whether fault matters.
Did your spouse have an affair? Leave the marriage? Engage in conduct that changed your relationship?
Virginia is one of the states that still allows spouses to file for divorce on fault-based grounds. But potential changes could be on the horizon.
A newly commissioned work group, created by House Bill 303, has been tasked with studying whether Virginia should eliminate fault-based divorce altogether and adopt an exclusively no-fault divorce system.
This does not signal that fault-based divorce is ending immediately. However, it raises an important question for those considering divorce:
If Virginia changes its divorce laws, what could that look like for you? Here is what you need to know.
Schedule a free consultation with Melone Hatley, P.C., today to talk about your divorce options and how our Virginia divorce attorneys may be able to help.
How Divorce Works in Virginia Right Now
Right now, Virginia allows two paths to divorce: fault-based and no-fault.
A no-fault divorce is based on separation. Generally, spouses must live separately for a required period before the court can finalize the divorce.
A fault-based divorce allows a spouse to file based on specific misconduct during the marriage.
Virginia law currently recognizes fault grounds such as:
- Adultery
- Cruelty
- Desertion or abandonment
- Felony conviction resulting in confinement
For many, fault can affect when and how a divorce proceeds and may impact issues such as spousal support.
That is why this discussion carries importance. If Virginia eventually removes fault-based divorce, it will change one of the biggest strategic decisions spouses make at the beginning of a divorce.
What Is Changing Under House Bill 303?
House Bill 303 does not eliminate fault-based divorce.
But it does make notable changes to Virginia divorce law and starts a formal review of whether fault-based divorce should continue at all.
One major part of the bill directs a work group to study whether Virginia should transition to an exclusively no-fault divorce system.
The bill also makes two immediate legal changes.
Adultery Must Have Happened Before Separation
Virginia amended its adultery statute to clarify that adultery must occur before the final separation to be used as a ground for divorce.
That change can affect both the divorce itself and spousal support.
For example, if one spouse begins a relationship after the marriage has effectively ended and the spouses are already living apart, that relationship may no longer qualify as a ground for fault under the revised law.
However, negative consequences from the affair, spending extra money, introducing children to a new paramour, etc, will still be considered.
Immediate Filing for Bed and Board Divorce
The bill also revises Virginia’s bed and board divorce statute.
Previously, this form of divorce was tied to fault-based grounds like cruelty or desertion. Under HB 303, spouses may now file for a bed and board divorce immediately upon separation, without waiting.
For some people, this creates another option when they need court involvement early in the separation process.
Why Would Virginia Eliminate Fault-Based Divorce?
Fault-based divorce has been debated for years.
Supporters of eliminating it often point to the emotional and financial cost of proving fault.
A fault-based divorce usually requires evidence, witnesses, records, and litigation over personal events inside the marriage.
That can create:
- More court hearings
- More legal expenses
- More conflict between spouses
- More private details becoming part of the public record
If you are already trying to move forward, that process can feel exhausting.
A no-fault-only system would remove the need to prove marital misconduct and focus instead on resolving financial and parenting issues.
This could simplify the legal process for many couples, but it also raises additional questions.
What Would Be Lost If Fault-Based Divorce Goes Away?
For some spouses, fault is tied directly to important financial issues in divorce, particularly spousal support.
Adultery is one of the clearest examples. Under Virginia law, a spouse who committed adultery may be barred from receiving spousal support, with only limited exceptions. That can have a major financial impact on marriages in which one spouse relies on the other for support.
Fault can also affect how a divorce is filed and argued.
For example, a spouse may discover their partner has been having an affair for years while using marital funds to support that relationship. In another marriage, one spouse may leave the home and stop contributing, leaving the other to manage the mortgage, childcare, and household expenses alone.
In situations like these, fault can shape important parts of the divorce, from financial claims to filing decisions.
Removing fault-based grounds doesn’t change what happened in the marriage, but it removes a way to raise those actions in court. That’s why fault-based divorce still matters to many Virginians.
Should You File for Fault-Based Divorce Now?
If you are exploring divorce now, the proposed review of fault-based divorce may leave you wondering whether you should act sooner.
Currently, fault-based divorce remains in Virginia law, allowing its use when grounds exist.
For some spouses, filing for divorce on fault may allow them to:
- Raise adultery or abandonment as part of the divorce
- Address spousal support issues tied to fault
- Begin the divorce process without waiting through a separation period
However, fault-based divorce is not always the better option. It can increase conflict and make settlement harder. For some people, a no-fault divorce may provide a less adversarial way to end the marriage.
That decision depends on what happened in your marriage and how you want to handle the divorce process.
What If You Are Already Separated?
If you are already living apart, the changes under HB 303 may still affect your divorce.
The revised adultery language narrows when adultery can be used as grounds for divorce.
Because the law now specifies that the adultery must have happened before the final separation, conduct that begins afterward may be treated differently. That timing may affect whether adultery remains part of your filing decision.
The new bed and board filing rule also creates another option. If support, possession of the home, or other immediate issues need to be addressed, earlier court involvement may now be available without some of the previous limits.
For many people, separation is when divorce shifts from possibility to decision. Questions about finances, living arrangements, and parenting often become immediate. Looking at these changes alongside your own circumstances can help you decide your next move.
What Should You Do If You Are Thinking About Divorce?
Virginia’s divorce laws may continue to evolve, but your decisions do not have to wait for lawmakers to decide the future of fault-based divorce.
If divorce is on the table, the more important question is how the current law applies to your marriage right now.
That starts with looking at issues like:
- Whether fault grounds apply
- Whether fault may affect spousal support
- Whether filing now makes sense
- Whether waiting could limit certain options
These questions affect how your divorce begins and the options available to you.
Because every marriage is different, the right decision depends on the facts, your priorities, and what you want the divorce process to look like.
Reach Out To a Virginia Divorce Attorney Today
Virginia may be reexamining fault-based divorce, but fault remains part of the law today. If adultery, abandonment, or other conduct contributed to the breakdown of your marriage, those facts may still be relevant in issues like spousal support or the legal grounds for divorce.
Melone Hatley, P.C., was founded in 2014 by Rebecca Melone. We are Your Partner in Divorce®, helping you protect your family, your finances, and your future. Contact us online, call (800) 479-8124, or schedule a free consultation with one of our Client Services Coordinators.
Common Questions About Fault-Based Divorce in Virginia
Could Virginia eliminate fault-based divorce this year?
No. Virginia has not eliminated fault-based divorce. The work group created under HB 303 is studying the issue and will report its findings to lawmakers by December 1, 2026. Any actual change would require new legislation.
Does fault still matter in Virginia divorce right now?
Yes. Fault can still play an important role in divorce, depending on the circumstances.
For example, adultery can affect whether a spouse is eligible for spousal support. Fault grounds can also allow a spouse to file without waiting through the full separation period required for a no-fault divorce. In some situations, that timing can change how the divorce begins and what issues are addressed early.
If my spouse cheated after we separated, can I still file on adultery?
That may be more difficult under the recent changes to Virginia law. House Bill 303 clarifies that adultery must have occurred before the final separation to serve as grounds for divorce.
That means if the relationship began after you and your spouse were already living separately, and the marriage had effectively ended, it may not qualify as adultery for divorce purposes. The timeline and facts surrounding the separation will matter.
Should I wait to file if Virginia law might change?
Not necessarily. Divorce decisions are usually based on what is happening in your marriage now, not what the law may look like in the future.
If fault grounds apply to your situation today, waiting could affect how and when you file or what grounds are available to you. Speaking with a Virginia divorce attorney can help you decide whether acting now makes more sense than waiting for possible legislative changes.
