Divorce in Virginia
Virginia allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and requires at least one spouse to have been a Virginia resident for six months. No-fault divorce requires separation of one year (or six months if there are no minor children and the parties have a separation agreement).
Quick Facts
Residency Requirement
6 months residency required
Waiting Period
6 months-1 year separation
Filing Fee
$150-$350
Property Division
equitable distribution
Grounds for Divorce
- •Living separate for 1 year (or 6 months with agreement and no children)
- •Adultery
- •Cruelty
- •Desertion
Key Facts
- ★Virginia requires separation of 1 year, or 6 months with no children and a separation agreement
- ★At least one spouse must have been a Virginia resident for 6 months
- ★Property is divided by equitable distribution
- ★Both fault and no-fault grounds are available
- ★Adultery may bar spousal support in Virginia
Child Custody
Virginia courts determine custody based on the best interests of the child. The court considers the age and physical and mental condition of the child, each parent's role in the upbringing of the child, and the reasonable preference of the child if of sufficient age and intelligence.
Alimony / Spousal Support
Virginia courts may award spousal support based on the needs and abilities of the parties, the standard of living during the marriage, the duration of the marriage, and each party's financial resources. Adultery can bar a spouse from receiving support unless denying support would constitute a manifest injustice.
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Common questions about divorce in Virginia
Yes. If there are no minor children and both spouses have signed a separation agreement, the required separation period is reduced from one year to six months. For fault-based divorces such as adultery, no separation period is required.
Yes. In Virginia, a spouse who commits adultery may be barred from receiving spousal support unless the court determines that denying support would create a manifest injustice based on the respective degrees of fault and the economic circumstances of the parties.