Virginia divorce

Divorce in Virginia is a court process that ends a marriage and may also resolve property, debts, spousal support, and—when children are involved—custody and child support. This page summarizes concepts commonly researched under Title 20 of the Code of Virginia. It is general information only, not legal advice about any specific situation.

No-Fault vs. Fault Grounds

Grounds for divorce from the bond of matrimony are set out in Va. Code § 20-91. Virginia recognizes both no-fault and fault-based grounds.

No-fault. Under § 20-91(A)(9), a divorce may be decreed when the parties have lived separate and apart without cohabitation and without interruption for the required period (see Separation Requirements below). A plea of recrimination or res judicata as to other grounds does not bar a divorce on this no-fault ground.

Fault-based examples under § 20-91 include, among others:

• Adultery (or certain other sexual misconduct outside the marriage) occurring before the last separation
• Conviction of a felony with confinement for more than one year, where cohabitation has not resumed after knowledge of that confinement
• Cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment—with a divorce available to the innocent party after one year from the date of the act

Fault allegations can affect evidence, timing, and sometimes related financial issues. They also tend to make cases more contested. Whether any ground is available depends on the facts and current law.

Residency & Filing Requirements

Va. Code § 20-97 generally requires that one of the parties was, at the time of filing, and had been for at least six months preceding the filing, an actual bona fide resident and domiciliary of Virginia. Without meeting those domicile and residency rules, a suit for divorce is not maintainable.

Section 20-97 also includes special residency presumptions and rules for certain members of the Armed Forces and related situations (for example, being stationed in Virginia for six months or more). After separation, either spouse may establish a separate domicile.

Filing also involves proper court papers, service of process, and local Circuit Court practice. Venue and procedure details vary by locality.

Separation Requirements

For the no-fault ground in § 20-91(A)(9), the Code describes living separate and apart without cohabitation and without interruption:

• One year in the general no-fault case.
• Six months when the parties have entered into a separation agreement and there are no minor children born of the parties, born of either party and adopted by the other, or adopted by both parties.

“Separate and apart” is a legal standard. Shared housing, periods of reconciliation, or unclear living arrangements can raise questions about whether the separation period was continuous. The statute also addresses when the ground is deemed complete and certain situations involving an insane defendant. Always verify the current text of § 20-91 against the facts of a given case.

Equitable Distribution Basics

Virginia divides marital property under an equitable distribution framework, not community property. The principal statute is Va. Code § 20-107.3.

In broad terms, the court classifies property and debt (for example, as marital, separate, or hybrid as the statute provides), values marital assets, and then divides marital property using statutory factors. Equitable does not automatically mean a 50/50 split. Real estate, retirement accounts, business interests, and debts often require careful classification and valuation.

Divorce cases may also address spousal support and, when children are involved, custody and child support under other Title 20 provisions. Those topics are summarized separately on this site.

Which Court Hears It

Suits for divorce are generally heard in Virginia Circuit Court, which exercises jurisdiction over divorce from the bond of matrimony under Title 20, Chapter 6. Related parenting and support issues may also appear in Juvenile and Domestic Relations District Court, depending on how and when those issues are raised.

Temporary (pendente lite) orders, settlement, or a contested trial can all play a role before a final divorce decree is entered. Even uncontested cases typically still require correct pleadings, proof of grounds (including any required separation period), and compliance with court procedures.