An Act to amend and reenact §§ 20-91 and 20-95 of the Code of Virginia, relating to divorce; adultery; filing; parties living separate and apart; work group; report.
HB303 amends Virginia’s divorce statutes in Title 20, primarily by revising the grounds for divorce from the bond of matrimony and from bed and board. The bill preserves fault-based grounds such as adultery, felony conviction, cruelty, and desertion, while also retaining the existing no-fault separation grounds that allow divorce after one year of living separate and apart, or after six months if the parties have a separation agreement and no minor children. It also keeps the rule that a divorce decree must include each party’s Social Security number or DMV control number.
In addition to the statutory changes, the bill directs the Virginia Family Law Coalition, working with the Virginia State Bar Family Law Section, to convene a work group to study whether Virginia should eliminate fault-based grounds for divorce entirely and move to an exclusively no-fault system. The work group must include representatives from legal aid, domestic violence advocacy, social services, family law academia, and bipartisan members of the General Assembly, and it is tasked with reporting on the feasibility of that transition.
The bill updates §§ 20-91 and 20-95 of the Code of Virginia, but it does not repeal fault-based divorce grounds or change the basic waiting periods for no-fault divorce. Its main legal effect is to preserve the current mixed system while formally launching a study of whether Title 20 should be restructured to remove fault-based divorce altogether. The work group requirement may influence future legislation, but the immediate statutory impact is limited to the amended divorce provisions and the study/report mandate.
The available record suggests a generally exploratory and reform-oriented tone rather than sharp opposition or support. By creating a work group to examine an exclusively no-fault divorce system, the bill reflects interest in modernizing divorce law and evaluating whether fault grounds remain necessary. The inclusion of domestic violence, poverty law, and bipartisan legislative representation indicates an effort to balance competing perspectives and build consensus around any future changes.
The central point of contention is whether Virginia should retain fault-based divorce grounds or transition to a purely no-fault system. Supporters of reform are likely to emphasize simplicity, reduced litigation, and easier access to divorce, while opponents may argue that fault grounds still serve important purposes in cases involving adultery, cruelty, or abandonment. The bill’s work group structure suggests that concerns from family law practitioners, domestic violence advocates, and policymakers about the consequences of eliminating fault grounds were significant enough to warrant a formal study before any broader statutory overhaul.