A fact about spousal rights in a divorce includes that each person's rights are based upon the "valid reason for divorce prescribed by law" for the divorce such as willful desertion, abandonment, cruelty, bodily harm, conviction of a felony, adultery, sodomy or the modern "separation divorce," reports the Virginia State Bar. A "separation divorce" is a modern phenomena and means that no one is considered "at fault" for the divorce, but both parties are no longer interested in staying married, notes the Virginia State Bar.
Another fact about spousal rights in a divorce is that even if the divorce is considered amicable, the court will seek to find fault with each party in order to determine how the property should be divided and where spousal support should be allocated, reports the Virginia State Bar. If abuse is present in the marriage and is the reason for the divorce then the spousal rights will support the victim. The victim of the abuse in the marriage will have rights that include maintaining "possession of the home," evicting the spouse from said home, receiving support payments from the abusive spouse and will gain temporary custody of any children from the marriage, reports North Carolina Divorce. There is a possibility, however, that the abusive spouse may gain custody rights at a later date if the court believes that the abusive spouse has taken appropriate action to alter the behavior.