Does Virginia have no fault divorce?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Jul 16, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

A no fault divorce means that the spouse who initiates the divorce and files the paperwork is not required to show that the other party did anything improper. In many states, you can get a no fault divorce simply by saying that the marriage has broken down or that there are irreconcilable differences. The state of Virginia offers parties the chance to end their marriage, even if one party has not committed a “wrong” or if there is no fault. However, Virginia is one of the states that requires a separation period prior to a no fault divorce.

Grounds for a Virginia No Fault Divorce

There are two possible ways to become eligible for a no fault divorce in Virginia: 

  • A no fault divorce can be granted if the two parties have been living separately for one year.
  • A no fault divorce can also be granted if the two parties have been living separately for six months, if there are no minor children involved, and if the two parties have a separation agreement.

Obtaining a No Fault Divorce

To obtain a no fault divorce, the spouses must resolve all property, custody, visitation, and support issues. This is done with a Property Settlement Agreement. The next step is to file a complaint that contains pertinent information, such as your ages, when and where you were married, the date of separation, the existence of children, and a statement that you separated with the intent to divorce.

When the case is filed, a Summons and the Complaint will be sent to your spouse. After that, your spouse has 21 days to respond to the action. Your spouse can also waive the 21 day wait time and the service of the summons if he or she chooses. Since the divorce is uncontested, you may be able to give a deposition at your lawyer’s office instead of in court to take care of this step. The next step is the final decree, signed by a judge, that grants the divorce. The official date of your divorce is the day the judge signs the final decree.      

Getting Help

If you are getting a no fault divorce, you should strongly consider speaking with an attorney. Your lawyer can help you make sure you understand the grounds for a no fault divorce and can also help protect your rights during the distribution of property and the drafting of the settlement agreement.



Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption