Virginia Divorce Laws (2026): Grounds, Residency, and Process

To get a no-fault divorce in Virginia, spouses must live separate and apart without cohabitation for at least 1 year, or for 6 months if there are no minor children and both parties have signed a written settlement agreement. Virginia has no irreconcilable-differences ground; the separation period is required in every no-fault case. One spouse must be a Virginia resident for 6 months before filing.

Grounds for divorce in Virginia

Virginia's no-fault divorce ground is purely separation-based. There is no option to cite irreconcilable differences without completing a mandatory period of living apart. Under Va. Code 20-91(A)(9), spouses must live separate and apart without cohabitation and without interruption for:

• 1 year in all cases, OR
• 6 months if there are no minor children of the marriage AND both parties have executed a written property settlement agreement.

"Separate and apart" means maintaining separate residences or, at minimum, not sharing a bedroom and conducting separate lives under the same roof. Courts look at the totality of circumstances; mutual agreement to end the marriage and cessation of marital relations are key indicators.

Fault grounds remain available under Va. Code 20-91(A)(1), (A)(3) and (A)(6). Subdivisions (A)(2), (4), (5), (7) and (8) have been repealed, so the surviving fault grounds are:

• Adultery that occurred prior to the date of the last separation of the parties, or sodomy or buggery committed outside the marriage (Va. Code 20-91(A)(1), as amended by ch. 402 and ch. 918 of the 2026 Acts of Assembly). Adultery that happens after the parties last separated no longer supports this ground.
• A felony conviction where the convicted spouse was sentenced to confinement for more than 1 year, was actually confined for that felony after the conviction, and cohabitation has not been resumed after the other spouse learned of the confinement (Va. Code 20-91(A)(3)). The statutory test is the length of the sentence, not the length of time actually served, so a 3-year sentence can satisfy the ground even if the spouse is released in nine months.
• Cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment. A divorce on any of these grounds may be decreed to the innocent party only after a period of one year from the date of the act (Va. Code 20-91(A)(6)).

Adultery, in particular, can affect alimony: under Va. Code 20-107.1(B), a spouse against whom an adultery ground exists is generally barred from receiving permanent spousal support, unless the court finds by clear and convincing evidence that denying support would be a manifest injustice. Because that bar is keyed to subdivision A(1) of 20-91, it reaches only adultery that occurred before the date of the last separation.

Residency requirement

Under Va. Code 20-97, at least one party must be a bona fide resident and domiciliary of Virginia for a minimum of 6 months immediately before the bill of complaint is filed. "Bona fide" requires both physical presence and intent to remain; filing a Virginia tax return and maintaining a Virginia driver's license are typical evidence.

Divorce cases are filed in the Circuit Court of the city or county where either spouse resides. Virginia has independent cities and counties that operate their own Circuit Courts, so be sure to file in the correct jurisdiction.

If neither party has been a Virginia resident for 6 months, the Circuit Court lacks jurisdiction to grant a divorce, and the case must be deferred until the residency requirement is met.

Waiting period and separation

Virginia uses a different framework than most states. There is no separate statutory cooling-off or waiting period that begins when you file the complaint. Instead, the mandatory separation period is a substantive element of the no-fault ground itself.

The separation clocks work like this:

• 6-month track: no minor children of the marriage, AND a written property settlement agreement signed by both parties. The 6-month period must be completed (or nearly so) before the grounds exist.
• 1-year track: all other cases, including those with minor children or where no written agreement exists.

The separation period must be continuous and without cohabitation. A brief reconciliation attempt that involves resuming cohabitation restarts the clock. Under a 2026 change to Virginia law (Va. Code 20-95, as amended by ch. 918 of the 2026 Acts of Assembly, effective July 1, 2026), a bed-and-board divorce (a form of legal separation) can now be filed immediately upon separation; the grounds for a full (absolute) divorce remain the separation periods above.

Practically, Virginia divorces take at minimum 6 months to roughly 1 to 2 years or more depending on whether the case is contested.

How property is divided

Virginia is an equitable distribution state, governed by Va. Code 20-107.3. Courts divide marital property based on what is fair and just under all the circumstances, not by an automatic 50/50 rule.

The first step is classification. Property is divided into three categories:

• Marital property: assets and debts acquired by either spouse during the marriage, regardless of title.
• Separate property: property owned before the marriage, or acquired during the marriage by gift or inheritance to one spouse only.
• Hybrid property: property that started as separate but has been commingled with marital funds or has increased in value due to marital contributions.

Hybrid property is traced and apportioned between its marital and separate components. Separate property remains with its owner; marital property is subject to equitable distribution. Virginia courts consider factors including the contributions of each party (monetary and nonmonetary), the duration of the marriage, each spouse's age and health, and the circumstances that led to the dissolution.

Virginia is not one of the 9 community-property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), so there is no presumption of a 50/50 split.

Alimony, custody, and child support

Alimony (called spousal support in Virginia) is determined under Va. Code 20-107.1 and may be awarded to either spouse. Factors include the relative incomes and earning capacities of the parties, the standard of living during the marriage, the duration of the marriage, and contributions made by each spouse. As noted above, a spouse who committed adultery before the date of the last separation is generally barred from receiving permanent spousal support under Va. Code 20-107.1(B), subject to the manifest-injustice exception.

Child custody is decided under the best-interests-of-the-child standard (Va. Code 20-124.3). Virginia courts consider factors such as the age and physical and mental condition of each child and each parent, the existing parent-child relationship, each parent's ability to support the child's relationship with the other parent, and any history of family abuse.

Child support follows the Virginia child support guidelines under Va. Code 20-108.2, which calculate an obligation from the combined gross income of both parents and allocate it proportionately. Estimate your payment with our Virginia child support calculator.

For more detail on each topic, see Virginia alimony laws, Virginia child custody laws, and Virginia child support laws.

How to file for divorce in Virginia

Filing for divorce in Virginia involves these key steps:

1. Confirm residency. One spouse must be a bona fide Virginia resident for at least 6 months before filing.

2. Complete the separation period. For the no-fault ground, you must live separate and apart for 6 months (no minor children + written agreement) or 1 year (all other cases). Keep a record of your separation date. Va. Code 20-99(1) expressly excepts a divorce granted on the no-fault ground in 20-91(A)(9) from the corroboration requirement, so a corroborating witness is not statutorily required for a separation-based divorce; corroboration is still required on the fault grounds under 20-91(A)(1), (A)(3) and (A)(6).

3. Prepare the bill of complaint. The petition is called a "bill of complaint" in Virginia. It identifies the parties, states the grounds, and requests the relief sought. Blank forms and instructions are available through the Supreme Court of Virginia's self-help resources and individual Circuit Court clerks.

4. File with the Circuit Court. File in the Circuit Court of the county or independent city where either you or your spouse resides. Pay the filing fee, which varies by court.

5. Serve your spouse. The respondent must be served with the bill of complaint and subpoena. Service is typically accomplished by the sheriff or a private process server.

6. Exchange financial disclosures. Virginia requires both parties to file a statement of assets, liabilities, and income if property or support is contested. These disclosures are central to the equitable-distribution hearing.

7. Reach agreement or litigate. If all issues are resolved, the parties file a final decree with the agreed terms. If issues are contested, the Circuit Court schedules a hearing or trial. Many courts require a commissioner in chancery to take evidence and issue a report before the judge signs the final decree.

8. Obtain the final decree of divorce. The judge (or commissioner with judicial approval) enters the final decree of divorce, dissolving the marriage and addressing property, support, and custody.

Virginia allows parties to represent themselves (pro se), but if property or support is contested, get a free case evaluation from a Virginia family lawyer on the financial disclosures and the equitable-distribution hearing (attorney advertising).

This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Virginia.

Related reading: Divorce Laws by State (hub) | Virginia Alimony Laws | Virginia Child Custody Laws

More Virginia Laws

• Virginia Alimony Laws
• Virginia Child Custody Laws
• Virginia Child Support Laws
• Virginia Common Law Marriage Laws
• Virginia Restraining Order Laws
• Virginia Unclaimed Property

Frequently Asked Questions

How long does it take to get a divorce in Virginia?

The minimum depends on the track: at least 6 months of separation if there are no minor children and you have a signed written agreement, or at least 1 year in all other cases. Contested divorces involving disputed property, alimony, or custody routinely take 1 to 2 years or longer once filed. Uncontested divorces can often be finalized relatively quickly after the separation period is complete.

How much does a divorce cost in Virginia?

Filing fees are set by each Circuit Court and vary across jurisdictions; contact your local clerk for the current fee schedule. Attorney fees depend on whether the divorce is uncontested or contested. Uncontested divorces with no disputes are significantly less expensive. Contested cases involving hearings, commissioners in chancery, and trials can cost substantially more.

Do I need a reason to get divorced in Virginia?

Virginia does not require proof of wrongdoing, but no-fault divorce still requires completing a mandatory separation period (6 months with no minor children and a written agreement, or 1 year in all other cases). You cannot simply cite irreconcilable differences without first living separate and apart.

Is Virginia a community property state?

No. Virginia is an equitable distribution state. Courts divide marital property based on what is fair under all the circumstances, not by an automatic 50/50 split. The 9 community-property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

How long do I have to be separated to get a divorce in Virginia?

You must live separate and apart without cohabitation for 1 year, or for 6 months if there are no minor children of the marriage AND both parties have signed a written property settlement agreement. Separation is the only no-fault path in Virginia; there is no irreconcilable-differences option.

Can I get divorced in Virginia without my spouse agreeing?

Yes. After completing the required separation period, you can obtain a no-fault divorce even if your spouse refuses to agree. Your spouse can contest property division, alimony, and custody issues, but cannot legally block the divorce itself once the grounds are established. Fault grounds such as adultery or cruelty also do not require the other spouse's consent.

Do I have to live in Virginia to file for divorce there?

Yes. At least one party must be a bona fide Virginia resident and domiciliary for a minimum of 6 months immediately before filing. If neither spouse meets this requirement, the Virginia Circuit Court does not have jurisdiction to grant the divorce.