When Can I File for Divorce in Virginia?

Residency requirement

Under Va. Code § 20-97, at least one spouse must have been a bona fide resident and domiciliary of Virginia for at least six months before filing for divorce. Active-duty military stationed in Virginia generally satisfy this requirement under separate statutory rules.

Filing without satisfying residency is one of the most common reasons divorce petitions get dismissed. PLDR confirms residency at the first conversation.

No-fault divorce — the most common path

Virginia allows no-fault divorce based on continuous separation. The required separation period depends on the situation:

• One year separated, if the spouses have minor children together, or if there is no signed separation agreement.
• Six months separated, only if there are no minor children of the marriage and the spouses have entered into a written separation agreement resolving property, support, and other issues.

"Separated" means living separate and apart without cohabitation and with at least one spouse intending the separation to be permanent. Spouses can be separated under the same roof in Virginia, but the proof is harder and the facts have to support it.

Fault grounds

Under Va. Code § 20-91, Virginia also recognizes fault grounds for divorce:

• Adultery, sodomy, or buggery committed outside the marriage
• Cruelty or reasonable apprehension of bodily hurt
• Willful desertion or abandonment, if continued for one year
• Conviction of a felony with confinement of more than one year, where cohabitation has not been resumed

Adultery can be a basis for an immediate filing without the separation period, but it must be proved by clear and convincing evidence and the suit can have complex effects on spousal support eligibility. Most divorces — even when fault is available — proceed on no-fault grounds because it is cleaner, faster, and cheaper.

The separation agreement

A separation agreement (also called a Property Settlement Agreement, or PSA) is a written contract between the spouses that resolves property division, spousal support, child support, custody, and other issues. It is the document that lets a no-fault divorce proceed without contested litigation.

For couples with no minor children, a signed separation agreement is also what triggers the shorter six-month separation window. For couples with minor children, the agreement does not shorten the one-year period but does eliminate the contested phase of the divorce itself.

What happens during separation

During the separation period, spouses can take steps that affect the eventual divorce:

• Negotiating and signing a separation agreement
• Filing for pendente lite support (temporary support and custody orders) in J&DR or Circuit Court
• Establishing residences, accounts, and arrangements that fit the new structure
• Documenting that the separation began on a definite date — important if it is ever disputed

Conduct during separation can also affect later proceedings — for example, an attempt at reconciliation can reset the separation clock, and dissipation of marital assets can be relevant to equitable distribution.

What PLDR does at this stage

The first conversation is usually about timing and strategy: when residency is met, when separation can be documented, whether a fault filing makes sense, and what needs to be in a separation agreement to make a six-month divorce possible. Sarah Houck leads PLDR's family law practice; Jenny Soroka handles family-law matters firmwide.

This page provides general information about filing for divorce in Virginia. It is not legal advice and does not create an attorney-client relationship. Statutory grounds, residency rules, and procedural deadlines update periodically; verify current values with counsel.