To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce.
For a "no fault" or uncontested divorce, if there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce. If there are children from the marriage, you must be separated a minimum of one year before you may file for divorce. If any child or children of the marriage is under the age of 18, both the husband and the wife must complete the Families in Transition (FITS) Program.
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Filing Your Case
The case is normally filed in the Circuit Court of the city or county either where the parties last lived together, or where the defendant lives at the time of the filing. In Virginia, you do not file a separation agreement with the Court, unless you wish the court to approve it as part of the divorce proceeding.
If you choose to represent yourself, you will be expected to follow the same procedures as an attorney.
Note: Court personnel are prohibited by law from giving legal advice, restating the law or recommending legal action. Questions regarding interpretation of the law should be directed to an attorney licensed in the Commonwealth of Virginia.