Virginia Divorce Timeline: Complete Guide

Understanding the Virginia divorce timeline is essential because the Commonwealth requires mandatory separation periods before filing—unlike states that allow immediate filing. Virginia couples must live "separate and apart" for either 6 months (if no minor children and a signed separation agreement exists) or 1 full year (in all other cases) under Va. Code § 20-91. After satisfying the separation requirement, court processing adds another 1 to 2 months for uncontested cases, making the total Virginia divorce timeline 7 to 13+ months from separation to final decree. Before starting this process, consult our comprehensive Virginia divorce filing checklist to prepare all necessary documentation.

The 6-Month Fast Track: No Children Plus Separation Agreement

If you and your spouse have no minor children of the marriage and execute a written separation agreement addressing all issues—property division, debt allocation, and spousal support—Virginia allows divorce after just 6 months of separation. This accelerated timeline under Va. Code § 20-91 requires:

• Physical separation: You must live in separate residences for the entire 6-month period "without cohabitation and without interruption." While Virginia law technically allows living "separate and apart" under the same roof with documented intent and separate lives, most practitioners strongly recommend physical separation to avoid disputes over the separation date.
• Written separation agreement: The agreement must be comprehensive, signed by both parties, and resolve all marital issues. Courts will not grant a 6-month divorce without a complete settlement.
• No minor children: This fast track is unavailable if you have any children under age 18 from the marriage.

After the 6-month separation is satisfied, the Virginia divorce timeline continues as follows: File your Complaint for Divorce in Circuit Court (filing fee typically $86-$95 depending on locality), serve your spouse via sheriff ($12 in many jurisdictions) or by notarized acceptance of service under Va. Code § 20-99.1:1, and wait 21 days for the answer period. Most uncontested cases proceed to a brief ore tenus (live testimony) hearing or submit evidence by affidavit under Va. Code § 20-106. Total timeline: 7 to 8 months (6-month separation + 1-2 months court processing).

The 1-Year Standard: With Children or No Agreement

For all other no-fault divorces in Virginia—including cases with minor children or where no separation agreement exists—the mandatory separation period extends to 1 full year (365 days). Under Va. Code § 20-91, you must demonstrate continuous separation "without cohabitation and without interruption" for 12 months before filing. The Virginia divorce timeline for 1-year cases works as follows:

• Separation begins: Physical separation starts when one spouse moves out with the intent that the separation be permanent. Document this date carefully—it becomes the critical jurisdictional fact for your divorce.
• Day 1 (after 1 year): File your Complaint for Divorce with the Circuit Court in the proper venue—typically the city or county where the parties last cohabited, per Va. Code § 8.01-261(19). Include the required Civil Cover Sheet (CC-1416).
• Days 1-21: Serve your spouse and allow the 21-day answer period under Rule 3:8. Acceptance or waiver of service (CC-1406) can expedite this step.
• Weeks 3-8: In uncontested cases, schedule the final hearing or submit affidavit evidence. Ensure the VS-4 Report of Divorce is on file with the clerk before the judge signs the decree, as required by Va. Code § 32.1-268.

Total Virginia divorce timeline with the 1-year requirement: 13 to 14 months (12-month separation + 1-2 months court processing).

Contested Divorce: Separation Plus Litigation (18-24+ Months)

When spouses cannot agree on custody, support, or equitable distribution, the Virginia divorce timeline extends significantly beyond the mandatory separation period. If you're facing a contested case, understanding whether to pursue litigation or mediation can significantly impact both your timeline and costs. Contested cases typically unfold in these phases:

1. Pendente lite motions (months 13-15): After filing, either party can seek temporary orders for custody, support, exclusive possession of the home, or preservation of assets under Va. Code § 20-103. Courts may award temporary spousal support using a statutory formula when combined gross monthly income is $10,000 or less.
2. Discovery and case management (months 14-18): Discovery follows the Rules of the Supreme Court, with depositions, interrogatories, requests for production, and expert designations governed by Rule 4:1 et seq. Courts often impose scheduling orders with deadlines for discovery completion.
3. Mediation orientation (months 16-20): For custody and visitation disputes, the court must refer parties to a free orientation session with a certified mediator under Va. Code § 20-124.4, unless a history of family abuse exists. Further mediation is voluntary.
4. Trial and decree (months 18-24+): If settlement fails, the case proceeds to a bench trial on all contested issues, including equitable distribution under Va. Code § 20-107.3, custody under Va. Code § 20-124.3, and support. High-asset or complex custody cases can extend to 24-36 months from initial separation.

Critical Virginia Divorce Timeline Requirements

• 6-month residency: At least one spouse must be a bona fide Virginia resident and domiciliary for 6 months immediately before filing under Va. Code § 20-97. Active-duty military stationed in Virginia for 6 months are presumed domiciled.
• Separation date documentation: The date of separation is a jurisdictional fact. Document it with contemporaneous evidence (emails, texts, lease agreements, utility bills in one name) to avoid disputes.
• "Without cohabitation" means no resumption of marital relations: While isolated sexual encounters during separation do not restart the clock in most cases, resuming cohabitation with the intent to reconcile can restart the separation period.
• Written agreement for 6-month track: The separation agreement must be comprehensive and signed before filing to qualify for the accelerated timeline.
• Corroboration of grounds: Virginia generally requires corroboration of divorce grounds by evidence beyond the parties' testimony under Va. Code § 20-99, though affidavit evidence may suffice in uncontested no-fault cases.

Calculate Your Virginia Divorce Costs

While the Virginia divorce timeline is primarily driven by mandatory separation periods, the associated costs vary based on locality and case complexity. Use our free calculator to estimate expenses, including typical filing fees of $86-$95, sheriff service fees around $12, name change recordation ($26 in some localities), plus potential mediation and attorney costs.

Practical Tips to Navigate the Virginia Divorce Timeline

• Document your separation date precisely: This date determines when you can file. Keep evidence like lease agreements, utility transfers, and written communications confirming the separation and intent.
• Draft a separation agreement early for the 6-month track: If you have no minor children, negotiating a comprehensive written agreement during the first few months of separation can cut your Virginia divorce timeline nearly in half.
• Use acceptance of service to avoid delays: Having your spouse sign a notarized acceptance (CC-1406) eliminates sheriff service time and the 21-day waiting period.
• File the VS-4 Report of Divorce early: Many clerks require this vital records form before the judge will sign your final decree. Submit it with your initial filing to avoid last-minute delays.
• Consider VJEFS e-filing: While primarily for attorneys, Virginia's Judiciary Electronic Filing System can expedite document processing in participating jurisdictions.

Frequently Asked Questions About Virginia Divorce Timelines

Can I get divorced in Virginia without waiting a year? Yes, if you have no minor children and execute a comprehensive written separation agreement, you can file after 6 months of continuous separation.

What does "separate and apart" mean in Virginia? It requires physical separation (living in different residences) with at least one spouse having the intent that the separation be permanent. While same-roof separation is theoretically possible, it's not recommended due to proof difficulties.

Does sexual contact during separation restart the clock? Generally no. Isolated sexual encounters do not restart the separation period, but resuming full cohabitation with the intent to reconcile can reset the timeline.

How long does an uncontested divorce take in Virginia? Total timeline is 7-8 months for the 6-month track (no children + agreement) or 13-14 months for the 1-year track, including separation and court processing.

How long do contested divorces take in Virginia? Most contested cases take 18 to 24 months from initial separation, including the mandatory separation period, discovery, mediation, and trial.