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Virginia Legal Requirements for Divorce


Explanation of Chart and More Information on Requirements for Divorce

Code Section20-91
Residency RequirementsOne party resident and domiciled 6 months before suit. 20-97
Waiting PeriodDecree immediate on determination of issues. Remarriage prohibited during appeal.
'No Fault' Grounds for DivorceSeparation (1 yr.).
Defenses to a Divorce FilingAdultery, buggery, or sodomy: cohabitation after knowledge, act occurred more than 5 yrs. before suit for divorce, or party procured or connived act
Other Grounds for DivorceAdultery or sodomy or buggery committed outside the marriage; subsequent conviction of felony and confined for more than one year without cohabitation following confinement; cruelty, caused fear of bodily hurt or willfully deserted 1 yr. from the date of such act; lived separate lives without cohabitation and without interruption for one year.

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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