Am I Eligible to File for Divorce in Virginia? (2026 Self-Assessment)
Virginia has specific eligibility requirements that differ from most states. Work through this checklist before you begin gathering forms.
Disclaimer: This is general legal information, not legal advice. Consult a licensed Virginia family law attorney if you have questions about your specific situation.
Section 1 — Residency
Virginia requires that at least one spouse has lived in Virginia continuously for at least 6 months before filing.
Ask yourself:
- Have you lived in Virginia for the last 6 continuous months? → ✅ You meet residency
- Has your spouse lived in Virginia for the last 6 continuous months? → ✅ You meet residency
- Has neither of you lived in Virginia for 6 continuous months? → ❌ You cannot file in Virginia yet
You don't need to live in the same county. Virginia residency — anywhere in the state — satisfies this requirement.
Section 2 — Separation Period (Must Be Complete Before You File)
This is Virginia's most distinctive requirement. You must have already completed the separation period before you can file your Bill of Complaint.
| Your situation | Required separation before filing |
|---|---|
| No minor children AND you have a fully signed, notarized Property Settlement Agreement | 6 months |
| You have minor children (regardless of PSA) | 1 year |
| No minor children but NO signed PSA | 1 year |
What counts as separation: Living separate and apart without cohabitation or reconciliation.
- ✅ Most common: You and your spouse live at two different physical addresses
- ⚠️ Possible but very difficult to prove: You live in the same house but have genuinely ceased all marital relations (separate bedrooms, separate finances, no shared meals or social activities as a couple, hold yourselves out to others as separated)
Ask yourself:
- Have you and your spouse been living apart (at separate addresses) for the required period? → ✅ Separation met
- Have you lived in the same house throughout, with no clear physical separation? → ⚠️ Problematic — consult an attorney
- Have you had any period of reconciliation during the separation? → ⚠️ The clock may have restarted — consult an attorney
Section 3 — Corroborating Witness Availability
Virginia law requires at least one person other than you or your spouse to corroborate that you have been living separate and apart. This person submits a sworn affidavit or gives deposition testimony.
Ask yourself:
- Is there a friend, neighbor, relative, or coworker who knows you've been living apart and would be willing to sign a sworn statement? → ✅ Corroboration covered
- Does this person live or work in Virginia (or can be reached)? → ✅ Accessible
- Can this person state with confidence when you separated and that you've remained apart? → ✅ Strong corroboration
The witness does not need to know the reasons for your divorce. They only need to confirm the separation period.
If you cannot identify a suitable corroborating witness, consult an attorney before proceeding.
Section 4 — Grounds for Divorce
Virginia offers both no-fault and fault grounds.
| Ground | Requirements |
|---|---|
| No-fault: separation | Lived separate and apart for 6 months (no children + PSA) or 1 year (all other cases) |
| Adultery | Proof of sexual intercourse outside the marriage; no prior reconciliation after discovery |
| Cruelty | Physical or mental cruelty making continued cohabitation unsafe |
| Desertion | Willful abandonment for at least 1 year |
| Conviction of a felony | Sentenced to more than 1 year and not resumed cohabitation after conviction |
Which ground applies to you?
- If you've completed the separation period: Separation (no-fault) — the most common and easiest to use
- Fault grounds can affect spousal support and property division in Virginia — consult an attorney if fault exists and matters to you financially
Section 5 — Children Checklist
If you have minor children (under 18, or under 19 and still in high school):
- Do you have a plan for custody — who the children live with primarily and who makes major decisions?
- Have you calculated child support using the Virginia Child Support Guidelines?
- Can your separation agreement address custody and support with terms the court can incorporate?
A parenting plan and child support calculation are required parts of a divorce with minor children in Virginia.
Section 6 — Property and Financial Readiness
- Do you have a complete list of all marital property (real estate, bank accounts, retirement accounts, vehicles, business interests)?
- Do you know which debts were incurred during the marriage?
- Have you and your spouse discussed and reached agreement on the division of property and debts?
- Have you addressed spousal support — including whether it will be paid or mutually waived?
Section 7 — Safety
If there is a history of domestic violence, control, or threats:
- Virginia has a Protective Order process through the General District Court and Circuit Court
- The Virginia DV Hotline: 1-800-838-8238
- Filing for divorce while a DV situation is active requires careful planning — consult a legal aid attorney
Outcome Assessment
All green: You are likely ready to file in Virginia. Gather your local Circuit Court's forms.
Separation period not yet complete: Calculate your filing date. The 6-month period (no children + PSA) or 1-year period begins on your separation date. Mark that date and plan accordingly.
No corroborating witness: Identify a suitable person before proceeding. Without corroboration, the divorce cannot be granted.
Contested property or custody: An agreed divorce (with a signed Separation Agreement covering all issues) is far faster and cheaper. Consider mediation to reach agreement.
Safety concerns: Contact Virginia Legal Aid (virginialegalaid.org) or the DV hotline before proceeding.
Last reviewed: March 2026 | Virginia Judicial System: vacourts.gov | Legal aid: virginialegalaid.org
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.