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Subcommittee advances bill to allow certain divorce arrangements during separation, limit post-separation adultery claims
Summary
House Bill 1775 would let couples begin resolving custody and property arrangements during the one-year separation period and restrict adultery as a fault ground to conduct before separation; the Virginia Family Law Coalition supported the bill and the subcommittee reported it 7–1.
Delegate Sullivan presented House Bill 1775, a Family Law Coalition bill intended to reduce acrimony in divorce by permitting parties to pursue certain arrangements during the one-year separation period and by clarifying that adultery is a fault ground only if it occurred prior to the date of separation.
Richard Garrity, representing the Virginia Family Law Coalition, said the bill addresses “gotcha” litigation where parties exaggerate fault allegations to obtain a tactical advantage and that most divorces are ultimately granted on the 1-year separation ground. He said the proposal would make divorce processes timelier and reduce adversarial pleadings.
Committee discussion emphasized the goal of reducing litigation gamesmanship and allowing separated couples to negotiate custody, spousal-support and property matters without the risk of a post-separation adultery allegation being used as a surprise fault claim. The subcommittee voted to report the bill by recorded vote, 7–1.
