Virginia has grounds for divorce, namely: adultery, desertion and cruelty. While fault is a ground for divorce and it is something that judges are supposed to consider in dividing up assets, the majority of judges do not penalize someone because of fault. Oftentimes, it is not financially productive to pursue a fault ground for divorce unless there is extreme fault or a tremendous amount of assets involved. The one area where fault still does make a significant difference in Virginia is on the issue of spousal support. In Virginia, if the party that normally would receive the spousal support is guilty of adultery, then the adultery may well be a bar to that spouse receiving any spousal support.
Fault is something that needs to be discussed in every case but considering the trend in the law, oftentimes it is not financially productive to pursue fault unless it involves adultery and the issue of spousal support.