Understanding the Ins and Outs of No-Fault Divorce in Virginia
Written by our divorce lawyers in Manassas – 12/18/2025
Virginia is a “no-fault” divorce state. What does no-fault mean? In a nutshell, neither party needs to prove fault or wrongdoing to obtain a divorce in Virginia. This allows the parties to focus on resolving matters such as property division, support, child support, and parenting time, fairly and equitably.
For more than 30 years our divorce lawyers in Manassas have been helping people through divorces in Prince William County, Fairfax, Arlington, Gainesville, Haymarket, Woodbridge, Lake Ridge, Dumfries, Bristow, Warrenton, Centreville, Stafford, Chantilly, Leesburg, Ashburn, Sterling, Herndon, Reston, Alexandria, Annandale, and throughout Northern Virginia.
If a no-fault divorce sounds like the path you’d like to choose, here are some insights into the process.
Grounds for Divorce
In some states, grounds must be proven to get a divorce. Such grounds can be adultery, abandonment, or cruelty. However, in Virginia couples are allowed to dissolve their marriage simply by stating that it is irretrievably broken. This means that if one or both parties believe the marriage cannot be saved and there is no chance of reconciliation, they can divorce without assigning blame to either party.
Streamlined Process
Because there is no need to prove fault, the divorce process in Virginia is usually less contentious versus fault-based systems. According to our divorce lawyers in Manassas, this often results in quicker resolutions and reduced emotional stress for both parties involved, especially for the children of the marriage.
Equitable Distribution
Virginia is not a 50/50 property division state — it is an equitable state meaning that the marital assets and debts are divided on what the court deems as fair, after considering several factors such as, but not limited to, each spouse’s financial situation, contributions to the marriage, length of the marriage, and health of the parties. Contribution to the marriage does not mean only financial. An equitable division may end up being a 50/50 division but there are certain circumstances where a 50/50 division is unfair.
Child-Centered Approach
When children are involved, the court’s primary concern is considering what is in their best interests. There are factors the court must consider, some of which are the wishes of the parents, the wishes of the children, their community, and their educational and emotional needs.
The no-fault divorce system in Virginia is meant to help all parties focus on practical matters in reaching an amicable resolution to their divorce. This provides a forward-looking approach rather than having to bring up the past. It is the hope that couples, even during a stressful and emotional time, can focus on the divorce process with less acrimony and greater cooperation.
If you are considering divorce in Northern Virginia and have questions about how the no-fault system applies to you, please contact us online or by calling 703-361-0776.
Divorce lawyers in Manassas serving Fairfax County, Prince William County, and all of Northern Virginia.
