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Divorce Residency Requirements in Virginia

In Virginia, one spouse must have been a bona fide resident and domiciliary of the state for at least 6 months before filing, and the no-fault ground is living separate and apart for 1 year (6 months with a separation agreement and no minor children).

Last checked . General information, not legal advice.

Virginia at a glance

State residency
6 months
Special presumptions apply to members of the Armed Forces stationed in Virginia.
County residency
No county period in the residency statute
No-fault ground
1 year apart (6 months if agreement, no minor children)

Sources

Last checked

The rules in Virginia

How long must you live in Virginia before filing for divorce?

State residency in Virginia: 6 months. Special presumptions apply to members of the Armed Forces stationed in Virginia.

Is there a county residency requirement for divorce in Virginia?

County residency in Virginia: No county period in the residency statute.

What is the no-fault ground for divorce in Virginia?

No-fault ground in Virginia: 1 year apart (6 months if agreement, no minor children).

Where do the Virginia divorce residency requirements come from?

The rules above come from Va. Code 20-97 and Va. Code 20-91(A)(9). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.

Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.

Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.