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How long do you have to wait to divorce in Virginia?

On Behalf of | Jan 10, 2018 | Divorce

You fought getting a divorce for quite a while. You and your spouse decided to live apart, just to get some space. Now, he’s asking for a divorce, and you don’t have a way to stop him.

Thanks to the time you spent apart, which was just over a year, he can claim desertion or turn to a no-fault divorce. You may want to appeal the case, knowing that you expected to get back together.

Before you decide what to do, here are some important things to know about Virginia’s divorce laws and what they mean for your case. In Virginia, the state’s divorce laws are clear and easy to follow. You are able to remarry immediately upon the approval of the divorce decree, but you are unable to remarry if your spouse is appealing the divorce in any manner.

For a no-fault divorce, you must be separated for a year. One of the two individuals involved in the case must also be living in the state for at least six months prior to the divorce filing.

Virginia recognizes several grounds for divorce as well as a no-fault divorce. The grounds include adultery, a felony with a conviction of a year or longer, desertion for a year, living separately for a year or cruelty.

With a divorce based on fault, it’s possible to get your divorce faster than if you have to wait for time to pass for a no-fault divorce. The no-fault divorce requires a year wait, while other types of divorces, like those filed for cruelty, may be entered into the court faster.

Source: FindLaw, “Virginia Divorce Laws,” accessed Jan. 10, 2018


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