The No-Fault Divorce Reform Bill

What the law is, and how the bill would change it

By John Crouch

Part of the Divorce Reform Page

Present law:

To get a divorce, the spouse who wants the divorce must prove one of the following "grounds":

Desertion
Adultery or sodomy
Cruelty (means physical abuse)
The other spouse was convicted of a felony
They have been separated for one year (the new "no-fault" ground, added in 1972)

Proposed change:

If the family has children under 18, the other spouse can stop a "no-fault" divorce (a divorce on grounds of being separated for one year) by filing an "objection."

Then what?

Then either spouse can still get a divorce on any of the other grounds, such as desertion, if they can prove them.
Also, by proving desertion or cruelty, the abandoned spouse can get a "bed and board" divorce ("a mensa et thoro") that deals with support and property, but doesn't allow remarriage.
Even with no divorce, spouses can go to court to get alimony and child support.
Once the children all turn 18, there can be a "no-fault divorce."

Who does the bill apply to?

The proposed change would not apply to people who had already separated before it becomes law. It only affects couples who have children, and only while those children are under 18.

Please tell me what you think about the bill

(If you want to help out with the cost of providing this information, contributions to Americans for Divorce Reform would be appreciated.)

Text of Divorce reform bill -- HB 1163
Official summary and status updates on bill (HB 1163)
Other Domestic Relations bills
Text of Present Virginia Divorce Law

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John Crouch (703) 528-6700; Arlington, Virginia