Getting Divorced
Va. Code 20-91 — one year apart, or six months with an agreement and no minor children
In Virginia, a divorce suit can be brought only if one spouse has been a bona fide resident and domiciliary of the Commonwealth for at least six months before filing.
| The ground | What it takes |
|---|---|
| The groundLiving separate and apart | What it takesOne year without cohabitation or interruption |
| The groundLiving separate and apart with a separation agreement and no minor children | What it takesSix months |
| The groundCruelty, reasonable apprehension of bodily hurt, or willful desertion | What it takesOne year from the act, to the innocent party |
| The groundAdultery before the last separation | What it takesNo waiting period is stated |
| The groundA felony conviction with a sentence of more than one year, and confinement, with no cohabitation after | What it takesNo waiting period is stated |
On either party's request, the court classifies property as separate or marital, values it, and divides it. The factors include each party's monetary and nonmonetary contributions to the family and to the property, the length of the marriage, the parties' ages and health, the circumstances that led to the divorce, how and when property was acquired, debts, tax consequences, and any dissipation of marital funds in anticipation of divorce.
Sources for this section (3)
- Va. Code 20-91 — Grounds for divorce from bond of matrimony
- Va. Code 20-97 — Domicile and residential requirements for suits for divorce
- Va. Code 20-107.3 — Court may decree as to property and debts of the parties
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.