The laws are changing beginning July 1 – so, though my answer to this question up until now would have been one thing, now it is different. Let’s talk about it!
In Virginia, we have both fault and no fault divorce. (At least for now – the Virginia Family Law Coalition is looking into this and expected to make a report by December 1, 2026, so it is possible that even this will be changing in 2027 and subsequent years.) You’ll have to pick one, if you’re filing for divorce, because in your complaint you’ll state your grounds (whether fault or no fault) and all the specific allegations against your soon-to-be ex that support those grounds.
At this point, they’re just that – allegations. Even simple things, like the date you were married and the date you separated, are alleged and your soon-to-be ex will have an opportunity to respond and make his own allegations.
Sometimes, this is an issue, especially if you’re alleging fault against him. Sometimes, like in a case where you’re using no fault grounds, it’s pretty basic and formulaic. But, no matter what, you’ll also ask the court for relief. You’ll ask for equitable distribution, support, child custody, and even attorney’s fees. That, too, can be a surprise to the other side, especially if they’re not used to seeing legal documents. (I assure you, this is all completely normal.)
Filing for divorce using fault-based grounds
If you’re filing on fault, whether you use adultery, sodomy, buggery, cruelty, apprehension of bodily hurt, desertion, abandonment, or felony conviction, you can file as soon as your grounds for divorce exist. So, as soon as you have reason to believe he cheated or as soon as he is convicted of a felony. The moment he deserts you. You probably get the idea.
So, you can file for divorce, allege your grounds, and request the relief you’re seeking as soon as that event happens.
Keep in mind that, at this point, these allegations are just that: allegations. You don’t have to prove them yet; you don’t even have to have all the evidence you’d need to prove it if your case eventually went to trial. There’ll be time for that later. For now, all you need to do is have a reasonable belief that these grounds exist and provide a few supporting pieces of information to support that belief.
But that’s it! You can file.
Filing for divorce using no fault grounds
It used to be that you couldn’t file for divorce until you had grounds. In a no fault case, your grounds are based off of your period of legal separation. In Virginia, you have to be separated for one year to finalize a divorce or just six months if (1) you don’t have any minor children born to or adopted by the parties, and (2) you have a signed separation agreement.
You couldn’t file until you had satisfied those criteria, so a lot of people were waiting for a year before they could even file for divorce with the court. Yikes. And, if you’re living separately under the same roof, as so many do these days, you probably don’t need me to tell you that, in addition to being an awful period of time, it’s also potentially a really dangerous time.
Now, though, Virginia has adjusted the law – beginning on July 1, 2026 – so that there’s no waiting period before you can file, even in a case where you have not alleged fault. Instead of waiting until you have been separated for the statutory period, you can file for a “divorce from bed and board” immediately after separation. This gets you into court and formally starts the process, well before you meet the one year mark.
This means that – though you won’t be able to actually get divorced until you satisfy the legal separation requirement – you can have a pendente lite hearing, conduct discovery, and use the strength of the court to keep your case moving forward, even if your soon-to-be ex doesn’t want things to move along.
So, now, the answer is: you can file for divorce immediately after separation, no matter what grounds you use.
Either way, fault or no fault, you’ll have to separate for a year before you can finalize. The only way to finalize after just six months is if (1) you don’t have minor kids, and (2) you have a signed separation agreement. Otherwise, agreement or no agreement, fault or no fault, judge or separation agreement, you will wait the year.
A full and final divorce – the one that means you and your ex are legally strangers, able to remarry, and file your taxes as “single” – is called a divorce from the bond of matrimony. Even though you will ask for a divorce from bed and board if you file a no fault divorce before the one year is up, it is not a divorce until the divorce from the bond of matrimony is entered. I think the language here is confusing, but it’s probably best to think of a divorce from bed and board as a kind of enforced legal separation with extra rules, rather than an actual divorce. Because it isn’t a divorce. At least, not yet.
That’s the long answer.
The short answer is that, after July 1, you can file immediately, no matter what grounds for divorce you intend to use.
For more information, to schedule a consultation, or to request a copy of one of our free Virginia divorce or custody books, visit our website at hoflaw.com or give us a call at 757-425-5200.