Most divorces in Virginia are granted on separation grounds. If the parties are living separately and at least one of the parties intends that the separation be permanent, then the statutory period of separation has begun to run and the parties need not file any documents with a Court in order to state that they are in fact separated, for purposes of the one year or six months grounds for divorce. For information regarding Domestic and Family Abuse . Divorces granted on the basis of adultery or conviction of a felony do not require any specific statutory waiting period. However, divorces granted on the basis of cruelty, reasonable apprehension of bodily hurt, and willful desertion or abandonment require that the parties have lived physically separate and apart for a period in excess of one year before the divorce can become final.
Different counties have different procedures and requirements for obtaining a divorce.
For our purposes, I will only describe the procedure in Prince William County, although I also practice divorce law in Fairfax, Alexandria, Arlington, Stafford, Loudoun and Fauquier Counties. Procedures in other counties may differ slightly. In all counties in Virginia, a divorce is begun by filing a Bill of Complaint for divorce, based upon one of the grounds for divorce listed above. The party against whom the divorce is filed must receive notice that the case is instituted against them. There are several ways in which the party may receive notice.