Virginia Code

Va. Code Ann. § 20-95 (2026)

Grounds for divorces from bed and board

✓ current as of May 2026

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A divorce from bed and board may be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion, abandonment, or on the application of either party upon the parties living separate and apart with the intent of at least one of the parties to remain separate and apart permanently. No waiting period is required for the filing of a divorce from bed and board pursuant to this section, but such divorce may be decreed only in accordance with the provisions of § 20-91.

Code 1919, § 5104; 1975, c. 644; 2026, c. 918.

Notes of Decisions

Cited in 67 cases (3 in the last 5 years), 1952–2022 · leading case: Petachenko v. Petachenko, 350 S.E.2d 600 (Va. 1986).

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Petachenko v. Petachenko, 350 S.E.2d 600 (Va. 1986). · cites it 5× “Code § 20-95 provides that a divorce from bed and board may be decreed for “willful desertion or abandonment.”

Joynes v. Payne, 551 S.E.2d 10 (Va. Ct. App. 2001). · cites it 2× “1(E) provides the following: The court, in determining whether to award support and maintenance for a spouse, shall consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under…”

Thomasson v. Thomasson, 302 S.E.2d 63 (Va. 1983). · cites it 4× “*398 The wife correctly argues that under Code § 20-91 (9)(C) a “no-fault” divorce decree is no bar to spousal support for either party unless there exists in favor of the opposite party some other ground of divorce under Code § 20-91 or Code § 20-95.”

Ranney v. Ranney, 608 S.E.2d 485 (Va. Ct. App. 2005). “The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivisions (1), (3) or (6) of § 20-91 or § 20-95; 6. How and when specific items of such marital property were acquired; 7.”

Davis v. Davis, 377 S.E.2d 640 (Va. Ct. App. 1989). · cites it 2× “We hold that this single act of physical violence constituted cruelty for which a bed and board decree could be decreed under Code § 20-95. However, in argument before us, the husband contended that he could not be found guilty of cruelty for misconduct occurring after the date…”

Smoot v. Smoot, 357 S.E.2d 728 (Va. 1987). “The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of § 20-91 (1), (3) or (6) or § 20-95; 6. How and when specific items of such marital property were acquired; 7.”

McIlwain v. McIlwain, 666 S.E.2d 538 (Va. Ct. App. 2008). “The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivisions (1), (3) or (6) of § 20-91 or § 20-95; 6. How and when specific items of such marital property were acquired; 7.”

Klein v. Klein, 396 S.E.2d 866 (Va. Ct. App. 1990). “1 A court must consider: (5) The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of § 20-91(1), (3) or (6) or § 20-95.”

Bacon v. Bacon, 351 S.E.2d 37 (Va. Ct. App. 1986). “That section states that a court, in making an award, may consider “[t]he circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of § 20-91(1), (3) or (6) or § 20-95.”

Brooker v. Brooker, 235 S.E.2d 309 (Va. 1977). · cites it 2× “2d 200, 201 (1972), or under the provisions of Code § 20-95. Code § 20-91(9)(c). 2 Here there was no finding to such effect.”

Joynes v. Payne, 545 S.E.2d 561 (Va. Ct. App. 2001). · cites it 2× “1(E) provides the following: The court, in determining whether to award support and maintenance for a spouse, shall consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under…”

Bristow v. Bristow, 267 S.E.2d 89 (Va. 1980). “Subparagraph (c) of Code § 20-91(9), the so-called “no-fault divorce statute”, provides that “[a] decree of divorce granted pursuant to this subsection (9) shall in no way lessen any obligation any party may otherwise have to support the spouse unless such party shall prove that…”

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