Virginia Supreme Court Clarifies Intent Requirement in No-Fault Divorce Cases

In a significant ruling (Lisann v. Lisann, 2025), the Virginia Supreme Court held that to obtain a no-fault divorce under Code § 20-91(A)(9), the intent to permanently live separate and apart must predominate throughout the entire statutory separation period, not just at its beginning.

This decision overrules the Court of Appeals’ prior interpretation that required intent only at the time of initial separation. The Court emphasized that while temporary doubts or mixed signals may occur during a separation, the prevailing, continuous intent to end the marital relationship must exist for the full duration.

Why it matters: This decision aligns Virginia law with longstanding practice, reinforcing that separation is not just physical, it must be accompanied by a sustained intent to end the marriage. This clarity helps protect the integrity of the separation-based divorce process and guides both clients and attorneys on how to properly establish grounds for divorce.

Bottom line: Virginia spouses pursuing no-fault divorce must show an uninterrupted intent to remain permanently separated, intent matters, and it must last.

Need clarity on how this ruling could impact your divorce case? The recent decision in Lisann v. Lisann underscores how critical it is to document and maintain consistent intent during separation. Our experienced family law attorneys are here to guide you through the legal complexities and help you protect your rights every step of the way.

Contact us now to schedule a confidential consultation and ensure your case is built on a strong, compliant foundation.