Divorce in Virginia: How It Works, Step by Step (2026 Guide)
Virginia family law · Last reviewed October 27, 2026
Virginia makes you wait before you file, not after. Most couples use the no-fault ground: living separate and apart for one year, or for six months if there are no minor children and you've signed a separation agreement. One spouse must have lived in Virginia for six months. Once those clocks have run, there's no further waiting period, and an agreed divorce can often be granted on paperwork alone. Divorce cases are heard in circuit court.
The law is in Chapter 6 of Title 20 of the Code of Virginia, with custody in Chapter 6.1. Procedure follows the Rules of the Supreme Court of Virginia, especially Part Three for circuit court civil cases, and the service and venue sections of Title 8.01.
Virginia divorce at a glance
| Question | Answer | Source |
|---|---|---|
| Residency | Either spouse, six months before filing, as a bona fide resident and domiciliary | Va. Code § 20-97 |
| No-fault ground | Separate and apart without cohabitation for one year; six months with no minor children and a separation agreement | § 20-91(A)(9) |
| Fault grounds | Adultery before the last separation; sodomy or buggery outside the marriage; a felony with over a year's sentence; cruelty or desertion | § 20-91(A) |
| Waiting period after filing | None | Title 20, ch. 6 |
| Agreed divorce | Proof by affidavit, often with no hearing | § 20-106 |
| Filing fee | Set by statute plus local add-ons: $94 in Fairfax and Henrico, $89 in Alexandria (October 2026) | § 17.1-275; clerk fee schedules |
| Time to answer | 21 days after service | Rule 3:8 |
| Property | Equitable distribution: classified, valued, and divided on 11 factors, not automatically 50/50 | § 20-107.3 |
| Spousal support | Final award on 13 factors; a temporary-support formula when combined income is $10,000 a month or less | §§ 20-107.1, 20-103 |
| Child support | Income shares, from a schedule in the statute (revised July 1, 2025) | § 20-108.2 |
| Custody | Best interests on 10 factors; no presumption for any form of custody | §§ 20-124.2, 20-124.3 |
Who can file
Va. Code § 20-97 sets the residency rule:
No suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties was at the time of the filing of the suit and had been for at least six months preceding the filing of the suit an actual bona fide resident and domiciliary of the Commonwealth
Only one of you has to qualify. Service members stationed in Virginia for six months are presumed to qualify, and the section has special rules for military members and federal civilian employees posted abroad. Virginia has no separate county residency rule.
You file in the circuit court for the city or county where you last lived together, or, at your choice, where your spouse lives if your spouse lives in Virginia (§ 8.01-261).
The grounds
No-fault: living apart. This is the ground in most cases. Under § 20-91(A)(9), either spouse can apply once you "have lived separate and apart without any cohabitation and without interruption for one year." The period drops to six months "where the parties have entered into a separation agreement and there are no minor children". Your spouse doesn't have to agree to the divorce, only to the agreement if you want the shorter period.
Fault grounds. Since July 1, 2026, adultery counts only if it "occurred prior to the date of the last separation of the parties." The other fault grounds are sodomy or buggery outside the marriage, a felony conviction after the marriage with a sentence of more than a year and actual confinement, and cruelty, reasonable fear of bodily harm, or desertion, which supports a final divorce a year after the act. Fault grounds must be proved with corroboration (§ 20-99), and fault can affect spousal support and property.
Which Virginia divorce route fits your case?
A quick sort using Va. Code §§ 20-91, 20-97, 20-99, 20-99.1:1 and 20-106. A starting point, not advice.
How a Virginia divorce moves
- Separate and wait. Live apart, with at least one of you intending the separation to be permanent, for the required period. See how long it takes.
- File a complaint in circuit court with a cover sheet, the state's report of divorce form, and the fee (or a fee waiver petition). See forms and cost.
- Serve your spouse, by sheriff or private process server, or have your spouse accept service by signing a notarized waiver. In a no-fault case, the waiver can be signed shortly before or after filing.
- The answer. Your spouse has 21 days after service to respond (Rule 3:8).
- Prove the divorce. In an agreed or unanswered no-fault case, you can prove the grounds by affidavit, and the judge can enter the decree on the papers. Contested cases go to hearings and, if needed, a trial before the judge. See uncontested divorce.
- The final decree. The divorce is granted when the judge enters it.
Money and children: how Virginia decides
Property. Virginia divides marital property by equitable distribution. The court sorts property into separate, marital, and part-marital, values it, and weighs 11 factors, including fault and waste. See property division.
Spousal support. No formula decides the final award; the court weighs 13 factors and can award support for a set period, an open period, or a lump sum. While the case is pending, a formula sets presumptive temporary support when combined income is $10,000 a month or less. See spousal support.
Child support. Income shares. The parents' combined gross income sets the basic obligation from a schedule written into the statute, which the parents then share in proportion to income. See child support.
Custody. The child's best interests, on 10 listed factors. The court "may award joint legal, joint physical, or sole custody, and there shall be no presumption in favor of any form of custody." See custody.
Divorce from bed and board, and annulment
Divorce from bed and board is Virginia's legal separation: the court can order support and other relief, but the marriage continues. Since July 1, 2026, a spouse can seek one on the ground of living apart with at least one spouse intending the separation to be permanent, and "No waiting period is required for the filing of a divorce from bed and board" (§ 20-95). The marriage itself still ends only on a § 20-91 ground, and the court can later merge the bed-and-board decree into a final divorce (§ 20-121).
Annulment declares the marriage void or voidable, for reasons such as an earlier marriage that was never dissolved, fraud, or duress (§ 20-89.1). Some grounds must be raised within two years of the marriage.
Domestic violence
You don't have to wait for a divorce to get a protective order; it's a separate case. Family abuse also weighs in custody, where the court considers any history of abuse within 10 years before the petition. The court's self-help site has a protective orders page with forms and safety resources.
After the decree
- Finality. The trial court keeps power to change a final decree for 21 days after entry (Rule 1:1).
- Remarriage. Virginia has no general remarriage wait. The exception: if objections are filed and a bond stays the decree pending appeal, the court must order that "neither party shall remarry pending the perfecting of an appeal" (§ 20-118).
- Name. On a party's motion, the court restores a former name by a separate order (§ 20-121.4).
- Records. Certified copies of the decree come from the circuit court clerk; the state Office of Vital Records issues divorce certificates. See records.
- Changes. Custody and child support can be revised on a material change in circumstances, and spousal support under § 20-109, subject to any agreement.
What's new in Virginia divorce law
| Effective | Change | Law |
|---|---|---|
| July 1, 2025 | New child support schedule, now running to $42,500 of combined monthly income | SB 805, 2025 Acts ch. 702 (§ 20-108.2) |
| July 1, 2026 | Adultery is a ground only if it happened before the last separation; bed-and-board divorce on separation, with no waiting period to file; a work group to study ending fault grounds, reporting by December 1, 2026 | HB 303, 2026 Acts ch. 918 (§§ 20-91, 20-95) |
| 2026 | Decrees list Social Security or DMV numbers only "if known and available" | 2026 Acts ch. 402 (§ 20-91(B)) |
| 2026 | Residency rule for service members and federal employees returning from posts abroad | 2026 Acts ch. 469 (§ 20-97) |
| 2026 | Amended rules for dividing property in Virginia after a divorce granted elsewhere | 2026 Acts ch. 470 (§ 20-107.3(J)) |
| 2026 | Lawful possession or use of alcohol, cannabis, or prescribed drugs alone isn't a reason to restrict custody; express power to order a custody evaluation | 2026 Acts chs. 711 and 1116 (§ 20-124.2) |
| July 1, 2026 | Technology Trust Fund fee rises from $5 to $8 per civil filing | 2026 Acts ch. 966 (§ 17.1-279) |
| July 1, 2026 | Vital record certificate fee rises to $15 | 2026 Acts ch. 616 (§ 32.1-273) |
| October 1, 2026 | Fairfax adds a $5 fee for new civil cases filed on paper | § 17.1-258.3; Fairfax fee schedule |
The separation periods themselves did not change. A bill that only studies ending them is not a change in the law.
Common myths about divorce in Virginia
| Myth | What the law says |
|---|---|
| Both spouses must live in Virginia. | No. One spouse's six months is enough (§ 20-97). |
| You can't file anything until the year is up. | You can't file for a no-fault divorce until the separation period has run, but a bed-and-board divorce, custody, and support cases can start sooner. |
| You have to move out to be separated. | The statute requires living "separate and apart without any cohabitation". It doesn't say how; courts look at the facts, so get advice before relying on separation under one roof. |
| My spouse can block the divorce by refusing to sign. | No. After service, a no-fault divorce can go forward on proof of the separation. |
| Every no-fault divorce needs a corroborating witness. | No. Corroboration isn't required for the no-fault ground (§ 20-99). |
| Property is split 50/50. | No. Marital property is divided equitably on 11 factors (§ 20-107.3). |
| The temporary support formula sets alimony. | No. It applies only while the case is pending; the final award rests on factors (§§ 20-103, 20-107.1). |
Frequently asked questions
How long do you have to live in Virginia to get a divorce?
Six months before filing, and only one spouse has to meet it. That spouse must be both a resident and domiciled in Virginia, which means living here with the intent to stay.
How long do you have to be separated to get a divorce in Virginia?
One year for a no-fault divorce. If you have no minor children and have signed a separation agreement, six months is enough. The clock starts when you separate, not when you file.
How much does a divorce cost in Virginia?
The filing fee depends on the court. As of October 2026 it's $94 in Fairfax and Henrico and $89 in Alexandria, with extra charges for sheriff service and for restoring a former name. Fees can be waived for people who can't afford them.
Is Virginia a no-fault divorce state?
Virginia offers both. Most couples use the no-fault separation ground, but the fault grounds still exist, and fault can affect spousal support and property division.
Can I get divorced in Virginia without a lawyer?
Yes. Many self-represented spouses file an agreed no-fault divorce with an affidavit and a proposed decree. The court self-help site points to Virginia legal aid's online forms. If you have a house, a pension, a business, or a custody dispute, get advice before you sign an agreement.
Do I have to go to court for a divorce in Virginia?
Often not. In a no-fault case where everything is settled in writing, or your spouse was personally served and didn't respond, you can prove the divorce by affidavit and the judge can enter the decree on the papers. A judge can still require testimony.