{"id":376941,"date":"2018-11-30T15:22:07","date_gmt":"2018-11-30T20:22:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-divorce-process.html"},"modified":"2024-04-15T07:34:16","modified_gmt":"2024-04-15T12:34:16","slug":"virginia-divorce-process","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-divorce-process.html","title":{"rendered":"Virginia Divorce Process"},"content":{"rendered":"\n
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Virginia Divorce Process<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Getting divorced is never easy, but knowing what to expect can help. The process for getting a divorce<\/a> depends on where you file it. The time it takes to get a divorce varies depending on the circumstances.<\/p>\r\n

Here, we\u2019ll explain the divorce process in Virginia. We\u2019ll also discuss how the Virginia courts handle alimony, child custody, and property division.<\/p>\r\n

Virginia Divorce Process: An Overview<\/b><\/h2>\r\n

It’s important to review Virginia’s divorce laws and statutes. The legalese of statutes is difficult to understand, so we’ve provided a summary of the statutes in plain English.<\/p>\r\n

The table below highlights important divorce laws in Virginia. We have also provided helpful links to relevant statutes.<\/p>\r\n\r\n

Relevant Virginia Divorce Statute(s)<\/b><\/p>\r\n<\/th>\r\n

Virginia Code, Title 20, Chapter 6<\/b><\/p>\r\n

Residency Requirements to File for Divorce<\/b><\/p>\r\n<\/th>\r\n

At least one spouse must have resided in Virginia for a minimum of six months immediately preceding the filing of the divorce<\/p>\r\n<\/td>\r\n<\/tr>

Waiting Period <\/b><\/p>\r\n<\/th>\r\n

In no-fault divorces and divorces based on desertion or cruelty, spouses must live apart continuously for at least:<\/p>\r\n

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  • One year if there are minor children<\/li>\r\n
  • Six months if there are no minor children and the parties have signed a separation agreement<\/li>\r\n<\/ul>\r\n

    If filing a no-fault divorce, the parties must be separated for 6 months or a year, prior to filing. If filing on desertion or cruelty grounds, a separation period is not required to file the divorce. A one-year separation is required, in those cases, to finalize the divorce.<\/p>\r\n<\/td>\r\n<\/tr>

General Steps to Get a Divorce in Virginia<\/b><\/p>\r\n<\/th>\r\n

Related Statute(s)<\/b><\/p>\r\n<\/th>\r\n

Virginia Code. Title 20. Chapter 8<\/b><\/p>\r\n

Section 20-147<\/a>, et seq. (Premarital Agreement Act<\/i>)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult an attorney or conduct legal research to verify your state\u2019s laws.<\/i><\/p>\r\n

Types of Divorce in Virginia<\/b><\/h2>\r\n

Virginia law offers two types of divorce: Divorce from Bed and Board and Divorce from the Bond of Matrimony. A divorce from bed and board is a partial divorce, where the parties are still married on paper but are legally separated.<\/p>\r\n

Divorce from the bond of matrimony is a traditional divorce. The process for this type of divorce depends on several factors, including:<\/p>\r\n