Divorce in Virginia
State-specific overview · Family Law
Virginia requires a six-month separation period before divorce, with no-fault grounds available after waiting.
How Virginia treats Divorce
Virginia allows divorce on no-fault grounds if spouses separate for six months with intent to divorce, or one year if they do not separate. Alternatively, spouses may divorce immediately on fault grounds such as adultery, cruelty, or desertion. The separation period is mandatory for no-fault divorce and cannot be waived by agreement. Property division follows equitable distribution principles, and courts consider factors like each spouse's contributions and earning capacity.
The general definition of Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.
Read the full Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Virginia.