Divorce in Virginia: Laws, Requirements, and Process
A complete guide to getting a divorce in Virginia. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 6 months in the state.
- Waiting period: 6 months of separation (with agreement and no minor children) or 1 year of separation.
- Filing fee: $75 - $100 (plus service fees).
Grounds for Divorce
Virginia allows no-fault divorce. The no-fault ground is: Living separate and apart for 6 months (with a property settlement agreement and no minor children) or 1 year.
Fault-Based Grounds
Virginia also recognizes these fault-based grounds for divorce:
- Adultery
- Sodomy or buggery committed outside the marriage
- Conviction of a felony with imprisonment for more than 1 year
- Cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment
Residency Requirements
6 months in the state.
Property Division
Virginia is an equitable distribution state. Virginia follows equitable distribution. Courts divide marital property fairly based on factors including the contributions of each party to the well-being of the family, the contributions of each party to the acquisition of marital property, the duration of the marriage, the age and health of each party, and the liquid or non-liquid character of the property.
Alimony / Spousal Support
Virginia courts may award spousal support based on the needs of each party, the earning capacity of each party, the standard of living during the marriage, the duration of the marriage, the contributions of each party to the family, and any marital property awarded. Adultery by the requesting spouse generally bars alimony unless denying it would constitute a manifest injustice.
Child Custody
Virginia courts determine custody based on the best interest of the child. Factors include the age and condition of the child, the needs of the child, the role each parent has played in the upbringing of the child, the willingness of each parent to support the child's relationship with the other parent, and any history of family abuse.
Child Support
Virginia uses the income shares model. Child support guidelines consider both parents' gross incomes, the number of children, the custody arrangement, and costs for health insurance, childcare, and extraordinary expenses.
Filing Fee
The filing fee for divorce in Virginia is $75 - $100 (plus service fees). Fee waivers may be available for those who cannot afford to pay.
Virginia court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Virginia?
Virginia allows no-fault divorce after the spouses have lived separate and apart for the required period (6 months with a settlement agreement and no minor children, or 1 year). Fault-based grounds include adultery, sodomy, felony conviction, cruelty, and desertion.
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How long do you have to live in Virginia to file for divorce?
At least one spouse must have been domiciled in Virginia for at least 6 months before filing the complaint for divorce.
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How is property divided in a Virginia divorce?
Virginia uses equitable distribution. Courts divide marital property fairly based on each party's contributions, the length of the marriage, and other statutory factors. Only marital property is subject to division; separate property is not divided.
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How long does a divorce take in Virginia?
Virginia requires a separation period of 6 months (with a signed agreement and no minor children) or 1 year before filing for no-fault divorce. After filing, uncontested cases can be finalized in 2 to 4 months. Contested cases take longer.