- Residency before filing
- 6 months[1]
- Living apart first
- 1 year
1 year; 6 months if the spouses have a separation agreement and no minor children, for the no-fault ground[2]
Key facts: divorce in Virginia
| Residency requirement | 6 months[1] details ↓ |
|---|---|
| No-fault divorce | Yes, after separation[2] details ↓ |
| Property division | Equitable distribution[3] details ↓ |
| Court mediation for custody | Orientation referral in appropriate cases[4] details ↓ |
| Court mediation fees | Free orientation; mediator fee paid by state[4] details ↓ |
Statutes and court rules as checked October 26, 2026. Not legal advice.
What are the divorce laws in Virginia?
Not legal advice. These are plain-English summaries of Virginia’s statutes and court rules as of the date shown on each; they can change and courts apply them case by case. Read the linked source or ask a lawyer licensed in Virginia.
Waiting period
Not yet verified
We list a rule only once we can quote it from Virginia’s statute or court rules.
Residency requirement
6 months
At filing, one spouse must have been an actual bona fide resident and domiciliary of Virginia for at least the preceding six months.[1]
Va. Code § 20-97 · checked October 26, 2026
Show statute text
“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”
No-fault divorce
Yes, fault grounds also exist
Virginia's no-fault divorce requires living separate and apart without cohabitation for one year, or six months if there is a separation agreement and no minor children; fault grounds such as adultery and cruelty also exist.[2]
Va. Code § 20-91(A)(9)(a) · checked October 26, 2026
Show statute text
“On the application of either party if and when they have lived separate and apart without any cohabitation and without interruption for one year.”
“In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when they have lived separately and apart without cohabitation and without interruption for six months.”
Property division
Equitable distribution
On divorce, the court determines title, ownership and value of the spouses' property and may make a monetary award based on listed factors to reach a fair and equitable result.[3]
Community property in Virginia: the statute quoted →
Va. Code § 20-107.3 · checked October 26, 2026
Show statute text
“Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.”
“shall determine the legal title as between the parties, and the ownership and value of all property, real or personal, tangible or intangible, of the parties”
Court mediation for custody
Orientation referral in appropriate cases
In appropriate custody and visitation cases, the court must refer the parents to a free dispute resolution orientation session with a certified mediator, after checking on request for any history of family abuse; further mediation is by agreement.[4]
Va. Code § 20-124.4(A) · checked October 26, 2026
Show statute text
“In any appropriate case the court shall refer the parents or persons with a legitimate interest to a dispute resolution orientation session to be conducted by a mediator certified pursuant to guidelines promulgated by the Judicial Council at no cost”
“In assessing the appropriateness of a referral, the court shall ascertain upon motion of a party whether there is a history of family abuse.”
Court mediation fees
Free orientation; mediator fee paid by state
The court-referred orientation session is at no cost, and the mediator's fee for a referred appointment is set at $100 and paid by the Commonwealth.[4]
Va. Code § 20-124.4(B) · checked October 26, 2026
Show statute text
“The fee of the mediator shall be $100 per appointment mediated and shall be paid by the Commonwealth from the funds appropriated for payment of appointments made pursuant to subsection B of § 16.1-267.”
Alimony
Set by formula
Virginia has a presumptive formula only for temporary (pendente lite) spousal support while the case is pending, when combined gross income is $10,000 a month or less. Final spousal support is decided from statutory factors.
Divorce rate
2.6 per 1,000 residents (2024)
Virginia’s courts granted 2.6 divorces per 1,000 residents in 2024, down from 4.3 in 2000; the U.S. rate was 2.3. In the Census Bureau’s 2024 survey, 6.6 of every 1,000 women 15 and older in Virginia divorced in the past year (±0.7; U.S. 6.9), a different measure.[6][7]
Divorce rates by state, with sources → · CDC/NCHS NVSS; Census ACS · checked October 27, 2026
Estimate your divorce cost in Virginia: mediation vs. court →
How child support is calculated in Virginia →
Mediators per 100,000: MediationList listings from official court and government rosters in Virginia (512) ÷ population (8,811,195, U.S. Census Bureau, Vintage 2024 county population estimates (July 1, 2024)) × 100,000, the same figure as mediator statistics.[5]
Questions about divorce in Virginia
How long do you have to live in Virginia to file for divorce?
At filing, one spouse must have been an actual bona fide resident and domiciliary of Virginia for at least the preceding six months. — Va. Code § 20-97[1]
Is Virginia a no-fault divorce state?
Virginia's no-fault divorce requires living separate and apart without cohabitation for one year, or six months if there is a separation agreement and no minor children; fault grounds such as adultery and cruelty also exist. — Va. Code § 20-91(A)(9)(a)[2]
Is Virginia a community property state?
No. On divorce, the court determines title, ownership and value of the spouses' property and may make a monetary award based on listed factors to reach a fair and equitable result. — Va. Code § 20-107.3[3]
Is mediation required for custody in Virginia?
In appropriate custody and visitation cases, the court must refer the parents to a free dispute resolution orientation session with a certified mediator, after checking on request for any history of family abuse; further mediation is by agreement. — Va. Code § 20-124.4(A)[4]
How much does court mediation cost in Virginia?
The court-referred orientation session is at no cost, and the mediator's fee for a referred appointment is set at $100 and paid by the Commonwealth. — Va. Code § 20-124.4(B)[4]
More
Sources
Virginia’s statutes and court rules, read on the official site, plus federal statistics; each with the date we checked it.
- Va. Code § 20-97 (Virginia Law, Legislative Information System)↩
- Va. Code § 20-91(A)(9)(a) (Virginia Law, Legislative Information System)↩
- Va. Code § 20-107.3 (Virginia Law, Legislative Information System)↩
- Va. Code § 20-124.4(A) (Virginia Law, Legislative Information System)↩
- U.S. Census Bureau, Vintage 2024 county and state population estimates (July 1, 2024)↩
- CDC/NCHS, National Vital Statistics System: Divorce rates by State: 1990, 1995, and 2000-2024↩
- U.S. Census Bureau, American Community Survey 2024 1-year estimates, table https://data.census.gov/table/ACSDT1Y2024.B12503↩