Divorce

The only way to get a divorce in Virginia is by filing a Complaint in the Circuit Court, and obtaining a divorce decree from that Court.  The first party to file is called the Complainant, and the other party is the Defendant.  Either the Complainant or the Defendant must have been a resident and domiciliary of Virginia for at least six months prior to filing the Complaint. 

The Complaint must allege the grounds for divorce.  Virginia recognizes both fault and no-fault grounds for divorce.  There are two no-fault grounds, both involve living separately and apart prior to filing, and the type you can use depends on whether there are children.  If there are no children, and you have a separation agreement, you need only live separate and apart for six months.  If there are children, or if there is no separation agreement, you must have lived separately and apart for one year. 

Complaints based on fault grounds can be filed any time.  Fault grounds include adultery; sodomy or buggery committed outside the marriage; felony conviction with a sentence of more than one year; and cruelty, causing reasonable apprehension of bodily hurt, or willful desertion or abandonment.

Evidence supporting the grounds for divorce is taken before a judge or by deposition.  If the divorce is not to be contested, a draft decree is filed with the judge.  The parties are divorced when the judge signs the final decree.