Residency Requirements:
In order to file divorce in Virginia, one spouse must have been a
resident of Virginia for at least 6 months. [Code of Virginia; Title
8, Section 8.01-261 and Title 20, Sections 20-96 and 20-97].
Legal Separation:
The grounds for legal separation are cruelty; willful desertion;
abandonment; and reasonable apprehension of bodily injury.
One of the spouses must have been a resident of Virginia for at
least 6 months prior to filing for legal separation. [Code of Virginia;
Title 20, Sections 20-95 and 20-97].
General Divorce Procedure:
A spouse may waive a service of process, but the waiver must be signed
in the presence of the clerk. In addition, the testimonies of the
spouses must also be generally be backed up by a witness. Separation
agreements are authorized and will reduce the time for living apart
by 6 months. A witness must also, generally, corroborate the testimony
of either spouse. [Code of Virginia; Title 20, Sections 20-99,
20-99.1:1, 20-107.3, and 20-109.1].
Mediation or Counseling:
There are no provisions for mediation.
Title of Divorce action:
Complaint for Divorce.
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Grounds for Virginia Divorce:
No-fault:
No-fault grounds for divorce in Virginia include living separate and
apart without cohabitation for 1 year or living separate and apart
without cohabitation for 6 months if there are no minor children,
and the spouses have entered into a separation agreement. [Code of
Virginia; Title 20, Section 20-91].
Fault-based:
Fault-based grounds include:
1) Adultery (including homosexual acts);
2) abandonment;
3) conviction of a felony and imprisonment
for 1 year;
4) cruelty;
5)willful desertion;
[Code of Virginia; Title 20, Section 20-91].
Where to file for divorce:
The divorce may be filed for in the county or city in which the
spouses last lived together, or at the option of the plaintiff;
in the county or city where the defendant resides; or, if a defendant
is a non-resident of Virginia, the county or city where the plaintiff
resides.
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