Free Virginia Divorce Forms

The state of Virginia allows both fault and no-fault divorces. The state recognizes six grounds for divorce. Two of the grounds don’t require a mandatory waiting period. The other four grounds require a mandatory one-year waiting period. The first two grounds for divorce listed do not require a one-year waiting period.

An exception to the one-year no-fault divorce allows a divorce after six months separation.
To file under this exception, you must have no minor children under the age of 18 from the marriage AND you also must have a signed separation agreement.

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Grounds For Divorce in Virginia

The six grounds for divorce in Virginia are

  • Adultery, sodomy or buggery
  • Conviction of a felony with a prison sentence of more than one year. You cannot use this reason as grounds for divorce if you live with your spouse after he or she is released from prison.
  • Physical cruelty
  • Desertion
  • Constructive Desertion. This normally means your spouse kicked you out.
  • Uncontested no-fault divorce based on being separated for more than one year.

Example of Virginia Divorce Forms

Virginia Divorce Forms
Virginia Divorce Forms

In Virginia your spouse cannot prevent you from getting a divorce. However, he or she can and probably will delay the divorce by disputing the grounds for the divorce, the settlement and distribution of assets and debts, child custody, child support, or alimony. If any of these things are disputed, you will probably need a hearing in front of the Circuit Court judge. If your spouse doesn’t contest any issue of the divorce or if everything has been settle then the divorce can be finalized without a hearing.

The Virginia Legal Aid website offers the following free instructions guide:

Virginia Divorce Instructions PDF

Virginia Legal Aid is launching a new online divorce tool to file the required forms. The program began on March 8, 2024. To access the new online system, visit Virginia Legal Aid.

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