To obtain a Virginia divorce, one of the spouses must have been a resident of Virginia for at least 6 months prior to filing for divorce.

Virginia Divorce Filing Requirements

A Virginia divorce may be filed for in: (1) the county or city in which the spouses last lived together; or at the option of the plaintiff: (2) the county or city where the non-filing party resides, if the non-filing party is a resident of Virginia; or (3) if the non-filing party is a non-resident of Virginia, the county or city where the filing party resides.

Virginia Divorce Grounds

The grounds for a Virginia divorce are:

• living separate and apart without cohabitation for 1 year;

• living separate and apart without cohabitation for 6 months if there are no minor children and the spouses have entered into a separation agreement;

• adultery (including homosexual acts);

• abandonment;

• conviction of a felony and imprisonment for 1 year;

• cruelty; and

• willful desertion.

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