Types of Divorce
No-Fault Divorce
The most common ground for no-fault divorce is “irreconcilable differences.”
The District also requires:
- At least one of the spouses must be a bona fide resident of the District of Columbia for six months, and
- Both spouses have lived separate and apart without cohabitation for a period of one year before filing for divorce.
Fault Divorce
Although fault divorces are fairly uncommon, our neighboring jurisdiction of Virginia still recognizes them. So, it is important to understand what they entail.
Unlike a no-fault divorce, a spouse can file for divorce based on the fault of the other spouse. A waiting period of living apart is not required to file for fault divorce.
The fault grounds in Virginia include:
- Adultery
- A felony conviction and confinement following the conviction
- Cruelty, willful desertion, or abandonment
The spouse bringing the fault divorce has to prove their claim by providing evidence beyond their word. This is done by having witnesses testify to corroborate the facts. The accused spouse has the right to bring a defense. However, courts will usually grant a divorce, regardless of the defense, because they have an interest in not forcing people to stay married.
Providing a defense is useful since the court will consider the fault ground when deciding on the division of property and alimony.

Experienced DC Divorce Attorneys
Contact the divorce attorneys at Bruckheim & Patel to discuss the best kind of divorce to file, depending on the state where you live and your individual circumstances.
Learn more about:
- Uncontested Divorce
- Separation