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When Can You File For Divorce in Virginia?

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.


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Virginia is an equitable distribution state, which means if the spouses don't agree, the marital estate will be divided fairly but not necessarily equally. In dividing property the court considers the contributions, both "monetary and non-monetary," of each spouse, the duration of the marriage, the ages and conditions of each spouse, how marital property was acquired, the debts and liabilities of each spouse, tax consequences, dissipation, the "character of all marital property," and "other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award."
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