## Facts

- The parties married in 1986 and separated about two years later.
- The wife sought a fault-based divorce alleging cruelty and constructive desertion; the husband denied fault and asserted the wife deserted him.
- The husband later alleged the wife committed adultery, relying mainly on her pregnancy shortly after separation; the wife argued adultery was not proven because paternity was not established.
- The circuit court considered deposition evidence and held an ore tenus hearing.
- The circuit court entered a final decree (June 5, 1991) granting a no-fault divorce based on living separate and apart for more than one year.
- The circuit court awarded the wife spousal support under Va. Code § 20-107.1 and awarded attorney’s fees and costs.
- The husband appealed, challenging the denial of a divorce on adultery grounds and the awards of spousal support and attorney’s fees.

## Issues

1. Whether the trial court erred by granting a no-fault divorce based on one-year separation rather than granting a divorce on the alleged fault ground of adultery.
2. Whether the trial court abused its discretion in awarding spousal support under Va. Code § 20-107.1.
3. Whether the trial court erred in awarding the wife attorney’s fees and costs, including whether alleged fault should bar such an award.

## Decision

- The Court of Appeals of Virginia affirmed the circuit court’s final decree.
- The trial court was not required to give precedence to an alleged or even proven fault ground over a no-fault separation ground.
- The spousal support award was upheld because the record contained substantial credible evidence relevant to the statutory factors, and the trial court was not required to detail the weight assigned to each factor.
- The attorney’s fees award was upheld because fault is not an automatic bar; fees may be awarded after considering the circumstances and equities of the entire case.

## Legal Principles

- A Virginia trial court is not compelled to give precedence to one proven ground of divorce over another and may grant a divorce on a no-fault separation ground despite allegations of fault.
- Spousal support determinations under Va. Code § 20-107.1 are committed to the trial court’s discretion; an appellate court will uphold an award supported by substantial credible evidence.
- A trial court need not quantify or elaborate on the weight given to each spousal-support statutory factor if the record shows evidence relevant to those factors supporting the award.
- Fault does not bar attorney’s fees and costs if the court considers the circumstances and equities of the entire case.

## Conclusion

The court affirmed a no-fault divorce decree and related awards, holding that the trial judge may choose among available divorce grounds and has broad discretion to award spousal support and attorney’s fees when supported by evidence and equitable considerations.


Williams v. Williams, 415 S.E.2d 252 (Va. Ct. App. 1992)