(HB303)

AMENDMENT(S) PROPOSED BY THE SENATE

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; work group; report

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final

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date of the last

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2. That the Virginia Family Law Coalition, in conjunction with the Virginia State Bar Family Law Section, shall convene a work group to consider whether to eliminate fault-based grounds for divorce under Title 20 of the Code of Virginia, including the feasibility of transitioning the Commonwealth to an exclusively no-fault divorce system. The work group shall be composed of at least one representative each from the Virginia Poverty Law Center; a Virginia-based domestic violence advocacy organization; the Department of Social Services; a faculty member from a Virginia law school with expertise in family law; two members of the Senate of Virginia, one of whom shall be appointed by the Senate Majority Leader and one of whom shall be appointed by the Senate Minority Leader; two members of the House of Delegates, one of whom shall be appointed by the Speaker of the House of Delegates and one of whom shall be appointed by the House Minority Leader; and other relevant stakeholders. The work group shall study and develop recommendations with respect to the following: (i) whether or not to eliminate all fault-based grounds for divorce currently set forth in § 20-91 of the Code of Virginia, as amended by this act, and whether or not to adopt, including the feasibility of adopting, irretrievable breakdown of the marriage or irreconcilable differences as the sole grounds for divorce; (ii) whether to modify or eliminate mandatory separation periods currently required under Virginia law as a precondition to no-fault divorce, with particular attention to the impact of such requirements on survivors of domestic violence and low-income Virginians; (iii) the extent, if any, to which fault should continue to be considered in equitable distribution of marital property under § 20-107.3 of the Code of Virginia, spousal support awards under § 20-107.1 of the Code of Virginia, or other collateral matters; (iv) protections for domestic violence survivors in no-fault divorce proceedings, including provisions to prevent the use of divorce proceedings as an instrument of further abuse or coercive control; (v) access to justice considerations, including the feasibility of simplified procedures for uncontested no-fault divorces and expanded use of mediation and alternative dispute resolution; and (vi) review of comparable no-fault divorce statutes enacted in other states and the Uniform Marriage and Divorce Act. The work group shall submit a report of its findings and recommendations to the Governor and to the Chairs of the House and Senate Committees for Courts of Justice no later than December 1, 2026.