Is no-fault divorce an option for Virginia spouses?

On Behalf of | Jan 19, 2025 | Divorce

Divorce can very quickly become a contentious process. Spouses disagree about a reasonable and fair way to divide their resources and their parental rights and responsibilities. They may need to go to court to have a judge resolve their disputes with one another.

The process can become substantially more difficult to complete if one spouse needs to prove that the other is to blame for the divorce. Even in cases where adultery, abuse and other types of misconduct inspire a divorce filing, the person pursuing divorce may hope to file for a no-fault divorce.

Are no-fault divorces an option in Virginia?

No-fault divorce is possible in Virginia

The good news for spouses hoping to pursue a no-fault divorce filing in Virginia is that the state absolutely allows for no-fault divorces. The bad news is that the process is not necessarily fast.

The only no-fault grounds available for divorce in Virginia is a lengthy separation of the spouses. Spouses need to live apart from one another for at least six months to be eligible for a no-fault divorce based on separation. In cases where there are minor children still living with parents who wish to divorce, the separation must last for at least a year for the spouses to qualify for a no-fault divorce.

Spouses who file for no-fault divorces do not need any evidence of marital misconduct to prove that they are eligible for a divorce. Understanding the rules that govern divorce can help people plan the most efficient path forward. People may have to make arrangements to move out if they hope to file a no-fault divorce in the future, and seeking legal guidance and support can help with that process.