Is there a waiting period to get divorced in Virginia?

 Posted on October 10, 2025 in Divorce

When people decide to get a divorce in Virginia, they often want to get it over with as quickly as possible. However, the law has a list of justifications for which one must be proven before the divorce can move forward. These are called grounds for divorce.

What people might not realize is that there is a difference between a fault-based divorce and a no-fault divorce. If it is a fault-based divorce, then there is no waiting period. However, since most people get a no-fault divorce, there is a waiting period. When planning a divorce, this needs to be considered as part of the process.

When is there a waiting period for a Virginia divorce?

A no-fault divorce means that the parties do not intend to prove any marital misconduct to end the marriage. A fault-based divorce would mean that there needs to be proof of abuse, adultery, or some other form of misbehavior. No-fault divorces are easier as the parties simply need to adhere to the law and end the marriage.

Still, there is a waiting period depending on circumstances. Those who do not have minor children must wait six months before getting a no-fault divorce. If there are minor children, they need to wait one year. During that time, the parties must live separately for the entire time. Couples would be wise to have a separation agreement when they live separately and apart prior to getting divorced.

A fault-based divorce takes longer and can be costlier. People who are on reasonably good terms might benefit from getting a no-fault divorce. Others who are dealing with more complex issues in their divorce and want to pursue a fault-based end to the marriage must understand that there is no waiting period, but they must also show their allegations are true.

Whether it is a fault-based or no-fault divorce, it is essential to be aware of the legal nuance involved. Some people need to show that there was wrongdoing by the other spouse during the marriage. In other situations, they simply want to end the marriage and get on with their lives. A waiting period is necessary in a no-fault case, but it can still be an easier strategy if the law is followed. Regardless, it is wise to have professional assistance to ensure the case can proceed.