Virginia has several fault based grounds for divorce, the most frequent being – adultery, desertion and abandonment, and cruelty. Virginia law states that a judge shall consider several factors listed in §20-107.3 of the Virginia Code when deciding how to divide marital property. One specific factor that is listed is “the circumstances and factors which contributed to the dissolution of the marriage.”

Therefore, if a party is able to prove that their spouse caused the marriage to dissolve then that can have a significant effect on how the marital property is divided. The greater amount of fault that is able to be proven at trial could lead to a greater effect on how the property is divided. However, in every case the costs and benefits of pursuing a fault based claim have to be weighted against the potential gain to ensure the best course of action is taken to further the client’s interest.

At The Daugherty Law Firm, our family law attorneys consider all facts and circumstances of our client’s case and evaluate the best course of action to ensure our client’s best interest are put forward and the best possible result can be obtained. Contact us today to discuss your case and how we can help you.