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When Can You File For Divorce in Virginia?
Information Provided by: Shane Jimison, Esq.

Many people are confused about when they can file for divorce in Virginia. I try to explain this below, assuming we are filing on no-fault grounds. If you have questions, feel free to contact me.

How long have you and your spouse been separated?

  • Under 6 months? You can't file yet, but you can enter into a property settlement agreement ("PSA") at any time.
  • Between 6 months and 12 months? You can file if you have a property settlement agreement and no minor children.
  • 12 months or more? You can file at any time.
  • One of the parties will also have to have lived in Virginia for more than six months before filing as well.

Information Provided by: Shane Jimison, Esq.

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