Top 5 Frequently Asked Questions and Answers When Initially Filing for Divorce in Virginia

Getting married is the easy part, staying married is more difficult, and getting divorced is very difficult. The process of divorce is emotionally challenging, regardless of how difficult the marriage was. Ultimately, divorce is an expensive process, and finding a trustworthy attorney is always helpful. If your soon-to-be former spouse retained an attorney, you should also retain one. If your soon-to-be former spouse hasn’t retained a divorce attorney, you should consider retaining a divorce attorney.

This is a list of five frequently asked questions and answers when initially filing for divorce.

1. Who can file for divorce in Virginia?

To file for divorce in Virginia, either you or your spouse must be a Virginia resident for at least six months before the initial date of filing, and both of you must be 18 or older.​

2. Where do I file for my divorce?


In Virginia, you may file your initial divorce complaint in the Circuit Court of the county or city in which you and your spouse last resided or where your spouse currently lives.

3. Does my spouse have to agree to the divorce?
Your spouse does not have to agree to a divorce, and your spouse does not have to sign your complaint or any other documents. However, if your spouse contests your divorce, the contested divorce proceedings are different from an uncontested divorce.

4. How do I begin the divorce process?You will need to first determine the best way to proceed and the grounds for divorce. In Virginia, the grounds for divorce are living separate and apart with one party intending to permanently sever marital ties, adultery, cruelty, felony conviction and desertion or abandonment.

5. Do I need a property settlement agreement to divorce?
Virginia divorce laws do not require you to enter into a property settlement agreement or divorce agreement. However, you may save legal fees and expenses if you can agree to a property settlement agreement or divorce agreement. Your attorney can help you evaluate the costs and benefits of entering into one.
Contested and Uncontested Divorces

A “no fault” divorce is the least expensive way to legally divorce. Referred to as an “uncontested” divorce, the procedures for divorcing based on physical separation are different from a “fault” divorce or “contested” divorce.

Contact Us Today

If you’re looking for a Virginia divorce attorney, contact Keithley Law, PLLC today and schedule an initial consultation in our Fairfax law office.

Call Keithley Law, PLLC today at (703) 454-5147 for a free case evaluation.

Legal Disclaimer: The information provided on “Keithleylaw.com” is strictly for educational purposes and to provide you with general educational information about Virginia laws. Since state laws are subject to change, please schedule an appointment with our office to further discuss your personal situation. This public information is neither intended to, nor will, create an attorney-client relationship.

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