No-Fault Divorce in Virginia
State-specific overview · Family Law
Virginia requires a six-month separation period before granting a no-fault divorce, with no waiting period if both spouses agree in writing.
How Virginia treats No-Fault Divorce
Virginia allows no-fault divorce based on separation alone. If both spouses consent in writing and have no minor children, the court can grant the divorce immediately without the six-month waiting period. Without written consent, spouses must remain separated for six months before filing. Virginia also permits fault-based divorce on grounds like adultery or cruelty, which do not require a separation period.
The general definition of No-Fault Divorce
A divorce granted without requiring either spouse to prove wrongdoing by the other.
A no-fault divorce is a divorce where neither spouse has to prove that the other did something wrong, like infidelity or abuse. Instead, one or both spouses simply state that the marriage is irretrievably broken or that they have irreconcilable differences. This is the most common type of divorce in the United States today. No-fault divorces are generally faster and less contentious than fault-based divorces because they don't require gathering evidence of misconduct.
Read the full No-Fault 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.