Divorce

As of July 2026, you can file for a court-ordered legal separation as soon as you separate. This lets a judge resolve immediate family law issues while keeping the legal marriage intact. For a full no-fault divorce, Virginia generally requires one year of continuous separation. If you have no minor children and have signed a written separation agreement, the waiting period is reduced to six months. Fault-based grounds, such as adultery, can allow a divorce to be filed sooner, but they must be proven.

No. Virginia allows no-fault divorce based on living separate and apart for the required period. Fault grounds such as adultery, cruelty, or desertion are also available and can affect issues like spousal support and property division, so it is worth discussing them with an attorney.

Virginia uses equitable distribution. The court classifies property as marital, separate, or part-marital/part-separate, values it, and divides the marital portion equitably — which means fairly, not necessarily 50/50. Separate property, such as assets owned before the marriage or received by gift or inheritance, generally stays with the spouse who owns it.

An uncontested divorce with a signed agreement can often be finalized within a few weeks to a few months after the separation period is met. Contested divorces that require discovery and hearings on custody, support, or property typically take a year or longer.

Many uncontested divorces in Virginia are completed on paper through affidavits without a hearing. If custody, support, or property issues are contested, hearings in circuit court may be necessary. Our goal is to resolve what we can by agreement and go to court only when it is in your best interest.