How to Prepare for Divorce in Virginia
Preparing for divorce in Virginia can feel overwhelming, especially with the state's specific timelines and property laws. The more organized you are before filing, the more control you retain over the process from every angle, including financially, legally, and emotionally.
Understanding Divorce Laws in Virginia
Fault Type
Both fault and no-fault
Waiting Period
6 months (with separation agreement) or 1 year separation
Property Division
Equitable distribution
Residency Requirement
6 months in VA
- Virginia allows both fault and no-fault divorce.
- No-fault divorce requires 6 months or 1 year of separation depending on circumstances.
- Fault grounds include adultery and cruelty.
How to Prepare for Divorce in Virginia
⚖️ Legal Preparation
- Collect marriage certificates, prenuptial agreements, and prior court orders
- Understand residency requirements (6 months in VA)
- Decide whether an attorney or mediator best fits your situation
- Research Virginia's both fault and no-fault divorce options
💰 Financial Preparation
- List all assets, debts, and income sources
- Gather tax returns (last 3–5 years)
- Open accounts in your own name
- Document all shared accounts and credit cards
Virginia divides marital property equitably. Courts consider monetary and non-monetary contributions.
👨👩👧👦 If You Have Children
- Learn Virginia custody standards
- Document children's schools, healthcare, and activities
- Consider ideal custody schedules
- Gather records of parenting involvement
Virginia courts prioritize the child's best interest and consider factors like each parent's role.
🔐 Personal & Digital Preparation
- Secure passwords and financial access
- Preserve important communications
- Build emotional and logistical support
- Create copies of important documents
Virginia Divorce Resources
Stay Organized with Divorce Diary
Divorce Diary helps you track documents, deadlines, and decisions so nothing gets missed during Virginia's divorce timeline. Walk into your first attorney meeting prepared and saving $1,000+ in intake fees.
Get Started Free →