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Divorce in Virginia

One spouse must have lived there 6 months before filing.[1] Property is divided by equitable distribution.[3] No-fault divorce is available.[2] Each rule below links to the official text it comes from.

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]

Court-roster mediators per 100,000
5.8

512 listed · U.S. 8.3[5]

Key facts: divorce in Virginia

Residency requirement6 months[1] details ↓
No-fault divorceYes, after separation[2] details ↓
Property divisionEquitable distribution[3] details ↓
Court mediation for custodyOrientation referral in appropriate cases[4] details ↓
Court mediation feesFree 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?

  1. Waiting period

    Not yet verified

    We list a rule only once we can quote it from Virginia’s statute or court rules.

  2. 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”
  3. 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.”
  4. 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]

    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”
  5. 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.”
  6. 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.”
  7. 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.

    Open the Virginia alimony calculator →

  8. 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]

Talk it through with a court-listed mediator in Virginia

A mediator is a neutral who helps you and your spouse reach your own agreement on property, support and parenting time. Every mediator we list comes from an official court or government roster, with the source on the profile.

Get matched — free270 family mediators in Virginia

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]

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