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Bill > HB303


VA HB303

VA HB303
Divorce; adultery, filing, parties living separate and apart, report.


summary

Introduced
01/09/2026
In Committee
03/05/2026
Crossed Over
03/11/2026
Passed
04/13/2026
Dead
Signed/Enacted/Adopted
04/13/2026

Introduced Session

Potential new amendment
2026 Regular Regular Session

Bill Summary

Divorce; adultery; filing; parties living separate and apart; work group; report. Specifies that a divorce may be decreed on the grounds of adultery, provided that such adultery occurred prior to the final separation of the parties. The bill further allows for a divorce from bed and board to be decreed on the application of either party upon the parties living separate and apart; under current law, a divorce from bed and board may only be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion, or abandonment. The bill specifies that no waiting period is required for the filing for such a divorce, but the decree of such a divorce may only be decreed pursuant to certain requirements otherwise specified in the law. The bill further directs the Virginia Family Law Coalition, in conjunction with the Virginia State Bar Family Law Section, to convene a work group to consider whether to eliminate fault-based grounds for divorce in the Commonwealth and to submit a report of its findings and recommendations to the Governor and to the Chairs of the House and Senate Committees for Courts of Justice no later than December 1, 2026.

AI Summary

This bill modifies the grounds for divorce in Virginia by specifying that adultery can be a ground for divorce only if it occurred before the parties' final separation, and it expands the grounds for a divorce from bed and board, which is a legal separation without ending the marriage, to include situations where parties are living separate and apart, removing the previous requirement for specific fault-based reasons like cruelty or abandonment. Additionally, the bill directs the Virginia Family Law Coalition and the Virginia State Bar Family Law Section to form a work group to study and report on the potential elimination of fault-based divorce grounds in favor of a no-fault system, examining issues such as separation periods, the role of fault in property and support decisions, protections for domestic violence survivors, and access to justice, with their findings due by December 1, 2026.

Committee Categories

Justice

Sponsors (1)

Last Action

Acts of Assembly Chapter text (CHAP0918) (on 04/13/2026)

Bill Topics

Law, Crime, and Family Issues
  • ‐ Family Issues

bill text


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