{"id":376973,"date":"2016-03-31T21:37:07","date_gmt":"2016-04-01T02:37:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-legal-requirements-for-divorce.html"},"modified":"2025-05-16T15:29:21","modified_gmt":"2025-05-16T20:29:21","slug":"virginia-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-legal-requirements-for-divorce.html","title":{"rendered":"Virginia Divorce Laws"},"content":{"rendered":"\n
\n \n
\n

Virginia Divorce Laws<\/h1>\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

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
\n

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

If you’re considering filing for divorce in Virginia, you may feel nervous and afraid. The divorce process<\/a> can be scary and intimidating. This is why it’s a good idea to understand Virginia’s divorce laws.<\/p>\r\n

Virginia’s divorce statutes<\/a> govern how married couples can get divorced. At times, these statutes are difficult to interpret. This is one of the reasons people hire a Virginia divorce lawyer<\/a> to help with their case.<\/p>\r\n

Here, we’ll summarize the divorce laws in Virginia. We’ll also discuss how the Virginia divorce process handles legal issues such as alimony, child custody, and division of property<\/a>. Below, you’ll also find a chart with a breakdown of the divorce laws in Virginia.<\/p>\r\n

Legal Requirements for Divorce in Virginia<\/b><\/h2>\r\n

Like most states, Virginia has residency requirements<\/a> you must meet before filing your divorce papers. According to Virginia law<\/a>, you or your spouse must live in-state for at least six months before filing for divorce.<\/p>\r\n

There is no mandatory waiting period before filing a fault-based divorce<\/a>. You can file your divorce complaint immediately if you cite specific fault-based grounds for divorce. Your divorce attorney must submit evidence proving your spouse engaged in the alleged marital misconduct.<\/p>\r\n

No-Fault Divorce Laws<\/b><\/h2>\r\n

Like all other states, Virginia has amended its divorce law to include a no-fault divorce<\/a>. Filing for a no-fault divorce means you don’t have to prove your spouse did anything wrong in your marriage.<\/p>\r\n

If you and your spouse want to file a no-fault divorce and you have minor children, Virginia requires that you live separately from each other for at least one year before filing. If a couple has no children and has entered into a separation agreement<\/a>, they can file for divorce after just six months of living separate and apart. Unlike other states, Virginia doesn’t have a no-fault divorce based on incompatibility or irreconcilable differences.<\/p>\r\n

Although the family law courts don’t require you to allege fault under this type of divorce, fault may still be an issue of spousal support<\/a> (alimony) or division of marital property.<\/p>\r\n

Grounds for Divorce in Virginia<\/b><\/h2>\r\n

Any couple that meets the separation requirements<\/a> discussed above can file a no-fault divorce in Virginia. In all other cases, you must show that your spouse engaged in egregious behavior in a fault-based divorce.<\/p>\r\n

Virginia law recognizes the following grounds for divorce from the bonds of matrimony:<\/p>\r\n