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EspañolWhat types of divorce are there in Virginia?
Virginia has two kinds of divorce:
- divorce from bed and board; and
- divorce from the bond of matrimony.
A divorce from bed and board is a partial divorce. The judge can decide maintenance, property distribution, custody, and other issued typically handled in a divorce but a divorce from bed and board does not end the marriage. You cannot get remarried after a divorce from bed and board.1
You can only get a divorce from bed and board if you claim that your spouse has:
- been cruel to you;
- caused you to reasonably fear bodily harm;
- willfully deserted you; or
- abandoned you.1
A divorce from the bond of matrimony is a complete divorce that ends the marriage and allows both you and your spouse to remarry.2
Note: The rest of WomensLaw.org’s information about divorce in Virginia is about divorce from the bond of matrimony. If you are interested in getting a divorce from bed and board, you may want to go to our Finding a Lawyer page to speak to a lawyer in Virginia.
1 Va. Code § 20-95; 20-116; “Divorce in Virginia,” Virginia State Bar
2 “Divorce in Virginia,” Virginia State Bar
What are the residency requirements for divorce in Virginia?
You can file for divorce in Virginia if you or your spouse have lived in Virginia for six months before you file and one of you still lives in Virginia at the time you file.1 If you or your spouse are in the military, see What are the residency requirements for divorce in Virginia if my spouse or I am in the military or a civilian employee of the United States?
1 Va. Code § 20-97
What are the residency requirements for divorce in Virginia if my spouse or I am in the military or a civilian employee of the United States?
You may file for divorce in Virginia if either you or your spouse is a member of the U.S. armed services and is stationed in Virginia for at least six months before you file. Being “stationed” in Virginia includes, but is not limited to:
- living on a ship that is in port in Virginia; or
- living at an air, naval, or military base in Virginia over which the U.S. has exclusive federal jurisdiction.1
You may also file for divorce in Virginia even while you are stationed in another country or territory as long as:
- you lived in Virginia for six months before being stationed in another country or territory,
and either you or your spouse is:
- a member of the U.S. armed forces; or
- a civilian employee of the U.S., including a foreign service officer.1
1 Va. Code § 20-97
What are the grounds for divorce in Virginia?
Grounds are legally acceptable reasons for divorce. You can get a divorce in Virginia without claiming that your spouse is at fault if:
- you and your spouse live separate and apart without “cohabitating” for at least one year; or
- you and your spouse enter into a separation agreement, do not share any biological or adopted children, and live separate and apart without “cohabitating” for at least six months.1
Note: “Cohabitating” means that you and your spouse live together as if you were a married couple.1
The judge can also grant you a divorce in Virginia for certain “fault-based” grounds. The judge can grant you a fault-based divorce if your spouse:
- is guilty of cruelty, causing you reasonable fear of bodily harm;
- willfully deserts or abandons you for one year;
- commits adultery, sodomy outside of the marriage, or a sexual act with an animal (“buggery”), unless:
- you continued living with your spouse after finding out about the act;
- it has been more than five years since your spouse committed the act; or
- you convinced or coerced your spouse to commit the act;2 or
- is convicted of a felony after you are married and all of the following are true:
- s/he is sentenced to prison for more than one year for the conviction;
- s/he goes to prison; and
- you do not continue to live together as a married couple when s/he gets out of prison.3
You can also be granted a divorce if either you or your spouse has been legally judged insane.1
Note: A judge may choose to grant a divorce on no-fault grounds, even if you ask for a fault-based divorce; or grant a divorce on fault-based grounds, even if you ask for a no-fault divorce. This is up to the judge to decide.4
If your spouse claims that you are at fault for the divorce, it may affect whether you are able to get alimony. Learn more about this at Can I get alimony?
1 Va. Code § 20-91(A)(9)(a)
2 Va. Code § 20-94
3 Va. Code § 20-91(A)(1), (A)(3), (A)(6)
4 “Divorce in Virginia,” Virginia State Bar
