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

In Virginia, the standard separation period for a no-fault divorce is one year. However, if you and your spouse have no minor children and have signed a written separation agreement, the required separation period is reduced to six months. For a fault-based divorce on the ground of adultery, there is no waiting period.

How much does it cost to file for divorce in Virginia?

The court filing fee for a divorce in Virginia is approximately $80 to $100 as of February 2026, though fees may vary slightly by locality. Total costs will also depend on attorney fees, mediation expenses, and the complexity of your case, which can range from a few thousand dollars for an uncontested divorce to significantly more for contested proceedings.

Is Virginia a 50/50 divorce state?

No, Virginia is an equitable distribution state, not a community property state. This means the court divides marital property in a manner that is fair and equitable, but not necessarily equal. The judge considers multiple factors, including each spouse's contributions, the length of the marriage, and the financial circumstances of both parties.

Can adultery affect my divorce settlement in Virginia?

Yes, adultery can have a significant impact on a Virginia divorce. A spouse who is found to have committed adultery may be barred from receiving spousal support under Virginia Code § 20-107.1. Additionally, adultery is a fault-based ground for divorce that carries no mandatory separation period, allowing the case to proceed more quickly.

How is child custody decided in a Virginia divorce?

Virginia courts determine child custody based on the best interests of the child, considering factors such as the relationship between each parent and the child, the child's needs, each parent's fitness, and the willingness of each parent to support the child's relationship with the other parent. There is no automatic preference for either parent based on gender.

Can I get a divorce in Virginia without going to court?

In most cases, at least a brief final hearing is required. However, in uncontested no-fault divorces where the parties have a signed separation agreement, some Virginia circuit courts may allow the final hearing to proceed with minimal formality or even through an affidavit process without both parties appearing in person. Check with your local court for its specific procedures.

What is the difference between a no-fault and a fault-based divorce in Virginia?

A no-fault divorce in Virginia is based on the parties having lived separate and apart for the required period (one year, or six months with a separation agreement and no minor children), with no need to prove wrongdoing. A fault-based divorce requires proof of specific misconduct such as adultery, cruelty, or desertion. Fault-based grounds can affect spousal support and may eliminate the separation waiting period in the case of adultery.

Divorce in Virginia: A Complete Guide

Q: Do I need to live in Virginia to file for divorce here?

Yes, at least one spouse must have been an actual bona fide resident and domiciliary of Virginia for at least six months before filing for divorce. This means you must both physically reside in Virginia and consider it your permanent home.

Introduction

If you are considering divorce in Virginia, understanding the legal framework is an essential first step. Virginia's divorce laws govern everything from the grounds on which you may file to how property is divided, how child custody is determined, and whether spousal support will be awarded. Whether your situation is amicable or contested, knowing what to expect can help you make informed decisions, protect your rights, and navigate the process with greater confidence.

This guide provides a comprehensive overview of Virginia divorce law, including the key statutes, requirements, and procedures you need to know. While it is not a substitute for personalized legal advice, it will give you a solid foundation for understanding how divorce works in the Commonwealth.

Grounds for Divorce in Virginia

Virginia recognizes both no-fault and fault-based grounds for divorce under Virginia Code § 20-91. The ground you choose can affect the timeline of your case, the outcome of spousal support decisions, and the overall complexity of the proceedings.

No-Fault Divorce

Virginia's no-fault ground is based on separation. To qualify, you and your spouse must have lived separate and apart without any cohabitation for a continuous period. The required separation period depends on your circumstances:

One year of separation is the standard requirement for a no-fault divorce.
Six months of separation is permitted if the parties have no minor children and have entered into a written separation agreement (also called a property settlement agreement).

Living "separate and apart" means that you and your spouse have ceased living together as a married couple. In some cases, Virginia courts have recognized that spouses can live separate and apart even while residing under the same roof, provided they have genuinely ended the marital relationship—sleeping in separate rooms, no longer sharing meals together, and otherwise living independent lives. However, proving this arrangement can be more difficult, so it is advisable to consult with an attorney if you are considering this route.

Fault-Based Divorce

Virginia also allows divorce on several fault-based grounds, which include:

Adultery – There is no waiting period for a divorce filed on the ground of adultery. However, you must be able to prove the adultery by clear and convincing evidence.
Cruelty – This involves physical or emotional abuse that makes it unsafe or improper for the parties to continue living together.
Willful desertion or abandonment – One spouse has left the marital home without justification and without the other spouse's consent for at least one year.
Felony conviction – If one spouse has been convicted of a felony, sentenced to confinement for more than one year, and is actually confined after the conviction.

Filing on fault-based grounds can be strategically important because it may influence the court's decisions on spousal support. For example, if a spouse is found to have committed adultery, the court may bar that spouse from receiving spousal support entirely under Virginia Code § 20-107.1. However, fault-based divorces are generally more contentious and expensive to litigate because they require proof of the alleged misconduct.

Residency Requirements

Under Virginia Code § 20-97, at least one of the parties must have been an actual bona fide resident and domiciliary of the Commonwealth of Virginia for at least six months before filing for divorce. This means that you must not only physically reside in Virginia but also intend for Virginia to be your permanent home.

If you are a member of the military stationed in Virginia, you may satisfy the residency requirement based on your period of being stationed in the state, even if your legal domicile is elsewhere. However, military divorces can involve additional complexities, so it is wise to seek legal counsel familiar with both Virginia family law and federal military regulations.

Property Division

Virginia is an equitable distribution state. Under Virginia Code § 20-107.3, the court must classify all property owned by the parties into one of three categories before dividing it:

Classification of Property

Separate property – Property acquired before the marriage, or acquired during the marriage by gift or inheritance from a third party, generally remains the sole property of the spouse who owns it.
Marital property – Property acquired by either or both spouses during the marriage that is not separate property. This includes income earned during the marriage, retirement benefits accrued during the marriage, and assets purchased with marital funds.
Hybrid (part marital, part separate) property – Property that has characteristics of both separate and marital property. For example, a home purchased before the marriage (separate) that was paid down with marital funds during the marriage may be classified as hybrid.

How the Court Divides Property

Equitable distribution does not necessarily mean a 50/50 split. Instead, the court considers a range of factors to determine what is fair, including:

The contributions, both monetary and non-monetary, of each spouse to the well-being of the family and to the acquisition of marital property
The duration of the marriage
The ages and physical and mental conditions of the parties
How and when specific property was acquired
Any debts and liabilities of each spouse
The liquid or non-liquid character of all marital property
Tax consequences of the distribution
Any other factors the court deems necessary for a just and equitable result

It is important to note that debts incurred during the marriage are also subject to equitable distribution. Virginia courts will classify and assign responsibility for marital debts using many of the same factors applied to property.

Child Custody and Visitation

When minor children are involved, Virginia courts make custody and visitation decisions based on the best interests of the child standard, as outlined in Virginia Code § 20-124.3. The court considers numerous factors, including:

The age, physical condition, and mental condition of the child
The age, physical condition, and mental condition of each parent
The relationship between each parent and the child
The needs of the child, including consideration of other important relationships such as siblings and extended family
The role each parent has played in the upbringing and care of the child
The willingness of each parent to support the child's relationship with the other parent
Any history of family abuse, sexual abuse, or criminal activity
The reasonable preferences of the child, if the court determines the child is of sufficient age and maturity

Types of Custody

Virginia law recognizes two components of custody:

Legal custody – The authority to make important decisions about the child's life, including education, healthcare, and religious upbringing. Legal custody may be awarded solely to one parent or jointly to both.
Physical custody – Where the child lives on a day-to-day basis. Physical custody can also be sole or shared. In shared physical custody arrangements, the child spends significant time with both parents.

Virginia courts do not automatically favor either parent based on gender. The guiding principle is always the best interests of the child.

Child Support

Child support in Virginia is calculated using statutory guidelines found in Virginia Code § 20-108.2. The guidelines consider the gross income of both parents, the cost of health insurance for the child, work-related childcare costs, and the custody arrangement. While the court generally follows the guidelines, it may deviate from them in cases where strict application would be unjust or inappropriate, provided it explains its reasoning.

Spousal Support (Alimony)

Spousal support, commonly known as alimony, is not automatically awarded in every Virginia divorce. Under Virginia Code § 20-107.1, the court considers a variety of factors in deciding whether to award spousal support and, if so, in what amount and for how long. Key factors include:

The obligations, needs, and financial resources of the parties, including income from all sources
The standard of living established during the marriage
The duration of the marriage
The age and physical and mental condition of each party
The contributions, monetary and non-monetary, of each party to the well-being of the family
The property interests of each party
The earning capacity and employability of each party
The decisions made during the marriage regarding employment, career, and education
Marital fault, including adultery (which can serve as a complete bar to spousal support for the offending spouse)

Spousal support may be awarded as a lump sum, periodic payments, or a combination of both. It may be temporary (pendente lite), rehabilitative (designed to help a spouse become self-sufficient), or permanent, depending on the circumstances.

Filing Process

Here is a general overview of the steps involved in filing for divorce in Virginia:

Step 1: Determine Your Grounds and Eligibility

Confirm that you meet the residency requirement and that you have valid grounds for divorce, whether no-fault or fault-based.

Step 2: Prepare and File the Complaint

The divorce process begins when one spouse (the plaintiff) files a Complaint for Divorce (also called a Bill of Complaint) with the circuit court in the city or county where either spouse resides. You will need to pay the filing fee at this time.

Step 3: Serve the Other Spouse

The other spouse (the defendant) must be formally served with the complaint. Service can be accomplished through a sheriff, a private process server, or, in some cases, by acceptance of service or publication.

Step 4: Response

The defendant has 21 days from the date of service to file a response (called an Answer) and, if desired, a counterclaim.

Step 5: Discovery and Negotiation

Both parties exchange financial information and other relevant documents. Many couples are able to reach agreements on property division, custody, and support through negotiation or mediation, avoiding the need for a trial.

Step 6: Final Hearing

If the parties reach a settlement agreement, the court will review it and, if satisfied, incorporate it into the final decree. If the case is contested, a trial will be held where a judge will make the final decisions. In uncontested no-fault cases, the final hearing may be brief and sometimes even conducted without the parties appearing in person, depending on local court rules.

Step 7: Final Decree of Divorce

The court issues a Final Decree of Divorce, which officially dissolves the marriage and sets forth the terms regarding property, custody, support, and other matters.

Timeline and Costs

Timeline

The timeline for a Virginia divorce varies significantly based on whether the case is contested or uncontested and which grounds are used:

Uncontested no-fault divorce (with separation agreement and no minor children): As little as 6 months from the date of separation, plus the time required for filing and the final hearing.
Uncontested no-fault divorce (standard): At least 1 year of separation, plus filing and hearing time.
Fault-based divorce (adultery): No mandatory separation period, but proving fault can add time and complexity to the proceedings.
Contested divorces: These can take several months to over a year after filing, depending on the issues in dispute and the court's docket.

Costs

Filing fee: Approximately $80–$100 as of February 2026. Filing fees can vary by locality, so you should verify the current fee with your local circuit court clerk.
Attorney fees: These vary widely depending on the complexity of the case, ranging from a few thousand dollars for a straightforward uncontested divorce to tens of thousands of dollars or more for contested cases involving disputes over custody, property, or support.
Mediation costs: If you choose mediation, expect to pay mediator fees, which are typically shared between the parties.
Other costs: Additional expenses may include service of process fees, court reporter fees, expert witness fees, and costs for obtaining financial records.

Conclusion

Divorce in Virginia involves many legal considerations, from selecting the appropriate grounds to navigating property division, custody, and support. While the process can be straightforward in an uncontested case with a clear separation agreement, it can become significantly more complex when the parties disagree on key issues. Understanding the legal framework is the first step, but working with qualified professionals—attorneys, mediators, and financial advisors—can make a substantial difference in protecting your interests and achieving a fair outcome.

Legal Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and court procedures can change, and every situation is unique. The information presented here is based on Virginia law as of early 2026 and may not reflect the most current statutes, case law, or local court rules. You should consult with a qualified Virginia family law attorney to obtain advice tailored to your specific circumstances. Neither the author nor the publisher assumes any liability for actions taken or not taken based on the information in this guide.