Am I Eligible to File for Divorce in Virginia? (2026 Self-Assessment)

Virginia has specific eligibility requirements that differ from most states. Work through this checklist before you begin gathering forms.

Disclaimer: This is general legal information, not legal advice. Consult a licensed Virginia family law attorney if you have questions about your specific situation.

Section 1 — Residency

Virginia requires that at least one spouse has lived in Virginia continuously for at least 6 months before filing.

Ask yourself:

• Have you lived in Virginia for the last 6 continuous months? → ✅ You meet residency
• Has your spouse lived in Virginia for the last 6 continuous months? → ✅ You meet residency
• Has neither of you lived in Virginia for 6 continuous months? → ❌ You cannot file in Virginia yet

You don't need to live in the same county. Virginia residency — anywhere in the state — satisfies this requirement.

Section 2 — Separation Period (Must Be Complete Before You File)

This is Virginia's most distinctive requirement. You must have already completed the separation period before you can file your Bill of Complaint.

What counts as separation: Living separate and apart without cohabitation or reconciliation.

• ✅ Most common: You and your spouse live at two different physical addresses
• ⚠️ Possible but very difficult to prove: You live in the same house but have genuinely ceased all marital relations (separate bedrooms, separate finances, no shared meals or social activities as a couple, hold yourselves out to others as separated)

Ask yourself:

• Have you and your spouse been living apart (at separate addresses) for the required period? → ✅ Separation met
• Have you lived in the same house throughout, with no clear physical separation? → ⚠️ Problematic — consult an attorney
• Have you had any period of reconciliation during the separation? → ⚠️ The clock may have restarted — consult an attorney

Section 3 — Corroborating Witness Availability

Virginia law requires at least one person other than you or your spouse to corroborate that you have been living separate and apart. This person submits a sworn affidavit or gives deposition testimony.

Ask yourself:

• Is there a friend, neighbor, relative, or coworker who knows you've been living apart and would be willing to sign a sworn statement? → ✅ Corroboration covered
• Does this person live or work in Virginia (or can be reached)? → ✅ Accessible
• Can this person state with confidence when you separated and that you've remained apart? → ✅ Strong corroboration

The witness does not need to know the reasons for your divorce. They only need to confirm the separation period.

If you cannot identify a suitable corroborating witness, consult an attorney before proceeding.

Section 4 — Grounds for Divorce

Virginia offers both no-fault and fault grounds.

Which ground applies to you?

• If you've completed the separation period: Separation (no-fault) — the most common and easiest to use
• Fault grounds can affect spousal support and property division in Virginia — consult an attorney if fault exists and matters to you financially

Section 5 — Children Checklist

If you have minor children (under 18, or under 19 and still in high school):

• Do you have a plan for custody — who the children live with primarily and who makes major decisions?
• Have you calculated child support using the Virginia Child Support Guidelines?
• Can your separation agreement address custody and support with terms the court can incorporate?

A parenting plan and child support calculation are required parts of a divorce with minor children in Virginia.

Section 6 — Property and Financial Readiness

• Do you have a complete list of all marital property (real estate, bank accounts, retirement accounts, vehicles, business interests)?
• Do you know which debts were incurred during the marriage?
• Have you and your spouse discussed and reached agreement on the division of property and debts?
• Have you addressed spousal support — including whether it will be paid or mutually waived?

Section 7 — Safety

If there is a history of domestic violence, control, or threats:

• Virginia has a Protective Order process through the General District Court and Circuit Court
• The Virginia DV Hotline: 1-800-838-8238
• Filing for divorce while a DV situation is active requires careful planning — consult a legal aid attorney

Outcome Assessment

All green: You are likely ready to file in Virginia. Gather your local Circuit Court's forms.

Separation period not yet complete: Calculate your filing date. The 6-month period (no children + PSA) or 1-year period begins on your separation date. Mark that date and plan accordingly.

No corroborating witness: Identify a suitable person before proceeding. Without corroboration, the divorce cannot be granted.

Contested property or custody: An agreed divorce (with a signed Separation Agreement covering all issues) is far faster and cheaper. Consider mediation to reach agreement.

Safety concerns: Contact Virginia Legal Aid (virginialegalaid.org) or the DV hotline before proceeding.

Last reviewed: March 2026 | Virginia Judicial System: vacourts.gov | Legal aid: virginialegalaid.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.