Va. Code » Title 20. Domestic Relations » Chapter 6. Divorce, Affirmation and Annulment
Virginia Code

Va. Code Ann. § 20-121.02 (2026)

Decree of divorce without amended bill or amended cross-bill

✓ current as of May 2026
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In any divorce suit wherein a bill of complaint or cross-bill prays for a divorce from the bonds of matrimony under § 20-91 or prays for a divorce from bed and board under § 20-95, at such time as there exists in either party's favor grounds for a divorce from the bonds of matrimony under § 20-91 A (9), either party may move the court wherein such divorce suit is pending for a divorce from the bonds of matrimony on the grounds set out in § 20-91 A (9) without amending the bill of complaint or cross-bill.

1977, c. 283; 1984, c. 633; 1986, c. 252; 1988, c. 362; 1989, c. 207.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1979–2024 · leading case: Robbins v. Robbins, 632 S.E.2d 615 (Va. Ct. App. 2006).
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Robbins v. Robbins, 632 S.E.2d 615 (Va. Ct. App. 2006). · cites it 2× “The commissioner, however, recommended a no-fault divorce under Code § 20-121.02. *472 The commissioner also suggested that the chancellor order a 65/35 split of marital assets in favor of husband.”
Klein v. Klein, 396 S.E.2d 866 (Va. Ct. App. 1990). · cites it 2× “At a second hearing before the commissioner, on May 11, 1989, the husband orally amended his pleadings under Code § 20-121.02 and presented evidence supporting the granting of a divorce on the ground of one year’s separation.”
Boyd v. Boyd, 340 S.E.2d 578 (Va. Ct. App. 1986). · cites it 2× “1 Code § 20-121.02 provides: “Decree of divorce without amended bill.”
Brawand v. Brawand, 338 S.E.2d 651 (Va. Ct. App. 1986). · cites it 2× “On the same day that the commissioner filed his report, wife filed a written motion pursuant to Code § 20-121.02 requesting that “in the alternative to her other grounds” she be granted a divorce based on Code § 20-91(9).”
Goodman v. Hamman, 448 S.E.2d 677 (Va. Ct. App. 1994). · cites it 10× “Nevertheless, should a nonsuit be granted to husband, wife alternatively moved the court to permit her to “go forward” on her earlier “application” for a divorce pursuant to Code § 20-121.02. 1 *74 Following extensive argument of counsel, the trial court sustained husband’s…”
McCausey v. McCausey, 272 S.E.2d 36 (Va. 1980). · cites it 2× “Pursuant to Code § 20-121.02, Suzanne moved for a no-fault divorce under Code § 20-91 (9) (a).”
Lothar W. Nass v. Arlene Wolin Nass (Va. Ct. App. 2001). · cites it 7× “Finding the court incorrectly refused to decree the divorce pursuant to Code § 20-91(A)(9), notwithstanding a motion in accordance with Code § 20-121.02, we remand solely for appropriate amendment of the decree.”
Ben Pourbabai v. Christine Pourbabai (Va. Ct. App. 2018). · cites it 4× “Code § 20-121.02 provides that a party may move for a divorce based on living separate and apart without amending the complaint for divorce.”
Keyes v. Keyes, 6 Va. Cir. 158 (Virginia Beach Cir. Ct. 1984). · cites it 8× “Counsel for the Complainant moved the Court, pursuant to Code Section 20-121.02, for a divorce on the ground of continuous separation for a period in excess of one year.”
Victor Alan Motley, Sr. v. Charlene Byrd Motley (Va. Ct. App. 2007). · cites it 5× “He further argues that without jurisdiction of the original bill of complaint, the trial court lacked authority to allow the amendment, that the amendment was made in violation of Rule 1:8, and that the amendment was not pled pursuant to or within the scope of Code § 20-121.02.…”
Amy Lynn Childress v. Jimmie Dewitt Childress, III (Va. Ct. App. 2024). · cites it 2× “4 Husband subsequently moved, under Code § 20-121.02, to grant the parties a divorce based on living separate and apart for more than 12 months.”
Harris v. Harris, 14 Va. Cir. 448 (Richmond County Cir. Ct. 1979). · cites it 4× “) Virginia Code § 20-121.02, however, does not authorize a final divorce upon the ground that the parties have lived separate and apart without any cohabitation and without interruption for a period of more than one year, unless there is evidence to support that allegation.”
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