At least one party must have been a Virginia resident for 6 months before filing. Grounds: No-fault separation grounds are available alongside fault grounds (adultery, cruelty, desertion, and felony conviction). Property: equitable distribution. Virginia is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable. That is what separates Virginia how to file for divorce from a generic national summary. Read Va. Code Ann. §§ 20-91 to 20-121.04 before the background sections below. Waiting period: No-fault divorce based on 6-month separation (with a separation agreement and no minor children) or 1-year separation (with minor children) requires the separation period before filing; after filing, ordinary circuit-court calendaring applies. File in Circuit court in the county or city where the parties last lived as spouses or where the defendant resides.
Grounds for divorce in Virginia
No-fault separation grounds are available alongside fault grounds (adultery, cruelty, desertion, and felony conviction).
Even in no-fault states, fault allegations can still affect temporary support, attorney’s fees, or credibility disputes. Read the live statute text on LawDiver and pair it with the LawDiver search rail scoped to Virginia.
Property division: equitable distribution
Virginia is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Retirement accounts, closely held businesses, and marital homes often need valuations and Qualified Domestic Relations Orders (QDROs). Do not assume an informal split of bank accounts finishes the case.
Waiting periods and timelines
No-fault divorce based on 6-month separation (with a separation agreement and no minor children) or 1-year separation (with minor children) requires the separation period before filing; after filing, ordinary circuit-court calendaring applies.
A concrete Virginia scenario
Here is one way the Virginia pieces fit together. Change any fact and the statute may point somewhere else.
A spouse wants to file for divorce in Virginia and is unsure about residency, grounds, and property.
- Confirm residency: At least one party must have been a Virginia resident for 6 months before filing.
- Plead grounds Virginia recognizes: No-fault separation grounds are available alongside fault grounds (adultery, cruelty, desertion, and felony conviction).
- Expect property division under equitable distribution: Virginia is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
- Plan the timeline: No-fault divorce based on 6-month separation (with a separation agreement and no minor children) or 1-year separation (with minor children) requires the separation period before filing; after filing, ordinary circuit-court calendaring applies. A complaint for divorce is filed in circuit court. Pendente lite relief can address support and custody. Contested equitable distribution proceeds under § 20-107.3. The final decree dissolves the marriage and resolves property, support, and custody.
Virginia Judicial System forms and legal-aid programs assist with uncontested divorces.
The typical Virginia divorce process
A complaint for divorce is filed in circuit court. Pendente lite relief can address support and custody. Contested equitable distribution proceeds under § 20-107.3. The final decree dissolves the marriage and resolves property, support, and custody.
Self-help and when to hire counsel
Virginia Judicial System forms and legal-aid programs assist with uncontested divorces.
Related Virginia guides
- Child custody and parenting time in Virginia
- Security deposit return in Virginia
- DUI penalties in Virginia
Case law: divorce in Virginia
Randolph C. Klein v. Elizabeth Salomon Klein
Randolph C. Klein v. Elizabeth Salomon Klein, 11 Va. App. 155 (1990)
…Randolph C. Klein (husband) appeals from a final decree of divorce granted to Elizabeth Salomon Klein (wife) on the ground that the parties have continuously lived separate and apart, without interruption, for a period of more than one year. Various assignments of error were made and briefed, but the primary focus of the appeal is the husband’s assertion that the chancellor er…
Virginia opinions such as Randolph C. Klein v. Elizabeth Salomon Klein are cited where divorce is disputed. The court stated: "Randolph C. Klein (husband) appeals from a final decree of divorce granted to Elizabeth Salomon Klein (wife) on the ground that the parties have continuously lived separate and apart, without interruption, for a period of more than one year." That is the language to brief; the rest of the decision supplies the procedural posture.
Linda Flanary v. Doss Jackson Milton, Jr.
Linda Flanary v. Doss Jackson Milton, Jr., 263 Va. 20 (2002)
…e during a deposition taken in furtherance of an action for divorce is valid. Linda and Ross E. Flanary married on February 5, 1982 and separated on July 7, 1995. Mrs. Flanary filed for divorce on the grounds of desertion and/or cruelty and Mr. Flanary filed a cross-bill seeking a divorce based upon desertion. On April 17, 1997, during Mrs. Flanary’s deposition taken in conjunc…
Practitioners open Linda Flanary v. Doss Jackson Milton, Jr. when Virginia divorce turns on the distinction in this sentence: "Linda and Ross E. Flanary married on February 5, 1982 and separated on July 7, 1995. Mrs. Flanary filed for divorce on the grounds of desertion and/or cruelty and Mr. Flanary filed a cross-bill seeking a divorce based upon desertion. On April 17, 1997, during Mrs." Do not lift it out of the facts the court was deciding.
Horace Adrian Osborne v. Giuliana G. Osborne
Horace Adrian Osborne v. Giuliana G. Osborne, 215 Va. 205 (1974)
…race Adrian Osborne and his wife, Giuliana G. Osborne, were divorced. *206 The Osbornes were married in 1962, and two children were born of the marriage. The family lived for some years in Manassas, Prince William County, until 1970, when they moved to El Paso, Texas. In July, 1971, the parties separated, and Mrs. Osborne returned with the children to Manassas. In February, 197…
On divorce, Horace Adrian Osborne v. Giuliana G. Osborne speaks to the Virginia dispute in this passage: "Adrian Osborne and his wife, Giuliana G. Osborne, were divorced. *206 The Osbornes were married in 1962, and two children were born of the marriage. The family lived for some years in Manassas, Prince William County, until 1970, when they moved to El Paso, Texas." The surrounding opinion shows how the court applied that language to the record.
Elswick Newport v. Flora Newport
Elswick Newport v. Flora Newport, 219 Va. 48 (1978)
…in Virginia a wife’s right to alimony survives an absolute divorce obtained by the husband in an ex parte proceeding in another state. Elswick Newport and Flora Newport were married in 1947 and moved to Virginia in 1966. The husband, while stationed in *49 Vietnam from April to November, 1972, wrote his wife that he intended to divorce her. Upon his return to the United States…
Practitioners open Elswick Newport v. Flora Newport when Virginia divorce turns on the distinction in this sentence: "Virginia a wife’s right to alimony survives an absolute divorce obtained by the husband in an ex parte proceeding in another state. Elswick Newport and Flora Newport were married in 1947 and moved to Virginia in 1966." Do not lift it out of the facts the court was deciding.
Peter D. CHRISTENSEN v. Janalee M. CHRISTENSEN
Peter D. CHRISTENSEN v. Janalee M. CHRISTENSEN, 26 Va. App. 651 (1998)
…unty Circuit Court awarding Janalee M. Christensen (wife) a divorce. Husband contends that the trial court erroneously entered the divorce decree without complying •with the provisions of Code § 20-107.3(A). He asserts there was “no evidence that it was clearly necessary to retain jurisdiction with regard to equitable distribution.” Accordingly, husband argues, we should set as…
Practitioners open Peter D. CHRISTENSEN v. Janalee M. CHRISTENSEN when Virginia divorce turns on the distinction in this sentence: "Circuit Court awarding Janalee M. Christensen (wife) a divorce. Husband contends that the trial court erroneously entered the divorce decree without complying •with the provisions of Code § 20-107.3(A)." Do not lift it out of the facts the court was deciding.
Eunice Gray Smith v. Azor Wade Smith — Snead, J., dissenting
Eunice Gray Smith v. Azor Wade Smith — Snead, J., dissenting, 200 Va. 77 (1958)
…oceeding, instituted for the primary purpose of obtaining a divorce, to determine the respective property rights of the litigants and partition their property. The fact that the litigants do not contest jurisdiction is immaterial. If the court is without jurisdiction to do the things sought to be done, its actions are void and of no effect. Neither in England prior to the matri…
Eunice Gray Smith v. Azor Wade Smith — Snead, J., dissenting is worth reading on Virginia divorce because the court put the point in its own words: "The fact that the litigants do not contest jurisdiction is immaterial. If the court is without jurisdiction to do the things sought to be done, its actions are void and of no effect." Use that passage as the starting point, then read the facts that precede it.
Randy Stuart Cousins v. Rosemary Paige Cousins
Randy Stuart Cousins v. Rosemary Paige Cousins, 5 Va. App. 156 (1987)
…stances leading to the dissolution of the marriage when the divorce had been granted on no fault grounds; (2) whether the trial court erred by classifying the marital abode as separate property; (3) whether the trial court erred by failing to consider all statutory factors and by failing to make necessary findings before making the equitable distribution and child support award…
Randy Stuart Cousins v. Rosemary Paige Cousins is worth reading on Virginia divorce because the court put the point in its own words: "stances leading to the dissolution of the marriage when the divorce had been granted on no fault grounds; (2) whether the trial court erred by classifying the marital abode as separate property; (3) whether the trial court erred by failing to consider all statutory factors and by" Use that passage as the starting point, then read the facts that precede it.
Thelma Christine Wilson v. Edwin L. Wilson — Spratley, J., concurring
Thelma Christine Wilson v. Edwin L. Wilson — Spratley, J., concurring, 195 Va. 1060 (1954)
…ons before us do not involve the right of either party to a divorce. The husband’s suit for divorce terminated when his bill was dismissed and he did not appeal. The trial court did not decree a dissolution of the marriage, grant a divorce, or adjudge that neither party was entitled to a divorce. The only cause pending before the trial court and before this court, after the dis…
On divorce, Thelma Christine Wilson v. Edwin L. Wilson — Spratley, J., concurring speaks to the Virginia dispute in this passage: "The husband’s suit for divorce terminated when his bill was dismissed and he did not appeal. The trial court did not decree a dissolution of the marriage, grant a divorce, or adjudge that neither party was entitled to a divorce." The surrounding opinion shows how the court applied that language to the record.
Key takeaways
- Residency: At least one party must have been a Virginia resident for 6 months before filing.
- Grounds: No-fault separation grounds are available alongside fault grounds (adultery, cruelty, desertion, and felony conviction).
- Property: equitable distribution — Virginia is an equitable-distribution state.
- Waiting period: No-fault divorce based on 6-month separation (with a separation agreement and no minor children) or 1-year separation (with minor children) requires the separation period before filing; after filing, ordinary circuit-court calendaring applies.
- Filing forum: Circuit court in the county or city where the parties last lived as spouses or where the defendant resides.
- Primary authority: Va. Code Ann. §§ 20-91 to 20-121.04.
Residency and where to file
At least one party must have been a Virginia resident for 6 months before filing. File in the Circuit court in the county or city where the parties last lived as spouses or where the defendant resides. Wrong venue or missing residency can delay service, temporary orders, and the final decree — confirm the county clerk’s checklist before you pay the filing fee.
Frequently asked questions
How long do I have to live in Virginia before filing for divorce?
At least one party must have been a Virginia resident for 6 months before filing.
Is Virginia a community-property state?
Virginia follows equitable distribution. Virginia is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Do I need a lawyer to get divorced in Virginia?
Virginia Judicial System forms and legal-aid programs assist with uncontested divorces.
What happens to child custody in a Virginia divorce?
Custody and parenting time are decided under Virginia’s best-interests framework. See child custody and parenting time in Virginia.
This guide covers Virginia law as of 2026. Statutes and local rules change — verify the live text on LawDiver before filing.