Divorce Residency Requirements in Virginia: Who Can File and Where
Virginia requires one party to have been an actual bona fide resident and domiciliary for six months before filing. Armed forces members stationed or resident six months are presumed domiciled.
What residence does a Virginia divorce require?
No suit for divorce is maintainable unless one of the parties was, at the time of filing and for at least six months before, an actual bona fide resident and domiciliary of the Commonwealth (Va. Code 20-97). Only one spouse has to meet it, and the Virginia divorce timeline calculator adds six months to the date you enter.
What about armed forces members in Virginia?
A member of the Armed Forces who has been stationed or has resided in Virginia for six months or more before filing is presumed domiciled in and a bona fide resident of the Commonwealth; being stationed includes a ship with a Virginia home port and a base over which the United States has exclusive jurisdiction (20-97(1), (2)).
What is the difference between residence and domicile in Virginia?
The statute requires both, so keep proof of both: a lease or deed, a Virginia driver license, voter registration and work and tax records.
Where do you file for divorce in Virginia?
The suit is instituted and conducted as other suits in equity, with process served in the Commonwealth by the methods in 8.01-296, and on a nonresident by those methods (20-99). Ask the clerk of the circuit court about venue and forms.
Does residence decide custody jurisdiction too in Virginia?
No. The court decides custody on the child’s best interests (Va. Code 20-124.2) and needs its own jurisdiction over the child. See the Virginia parenting time calculator and ask a licensed Virginia attorney about the child’s home state.
What if a servicemember was stationed abroad in Virginia?
A member of the Armed Forces or civilian employee of the United States who was stationed in a territory or foreign country, or has returned to Virginia from there, and who lived in Virginia for the six months immediately before being stationed there is deemed domiciled in and a bona fide resident of Virginia for the six months before filing (20-97(3)).
Can spouses live in different states while married in Virginia?
Yes. Upon separation either spouse may establish his or her own separate domicile, even if the separation was caused by circumstances that would entitle the spouse to a divorce or annulment (20-97(4)).
Can the other spouse be served by mail in Virginia?
Once counsel has appeared for the defendant, notices of depositions, hearings and motions other than contempt can be served on counsel by delivery or mail; and where the defendant was served and failed to answer or appear in time, no further notice of depositions or an ore tenus hearing is required (20-99(4), (5)).
Does a ship count as Virginia?
Being stationed or residing in the Commonwealth includes being stationed or residing on a ship with a Virginia home port or at a base in Virginia over which the United States has exclusive federal jurisdiction (20-97(2)).
What if the suit is for annulment in Virginia?
The same six-month residence and domicile requirement applies to a suit for annulling a marriage (20-97).
How do the six months and the separation period fit together in Virginia?
They are separate clocks. The residence period is tested when you file; the separation period is when the no-fault ground becomes complete, so a spouse who has lived in Virginia six months and apart one year meets both.
Frequently asked questions
How long must I live in Virginia to file for divorce?
Six months as an actual bona fide resident and domiciliary, for one party.
Do both spouses have to live in Virginia to divorce there?
No. One party meeting the six-month test is enough.
Where do I file for divorce in Virginia?
In the circuit court; ask the clerk about venue.
Does military service count for Virginia residence?
Yes. Six months stationed or residing in Virginia raises a presumption of domicile.
Does Virginia residency decide custody jurisdiction?
No. Custody has its own jurisdiction rules and follows the child’s best interests.
Official sources
- Va. Code 20-97: domicile and residential requirements
- Va. Code 20-91: grounds for divorce
- Va. Code 20-99: how suits are instituted and conducted
- Va. Code 20-107.3: property and debts
- Va. Code 20-124.2: custody and visitation arrangements
- Va. Code 20-124.3: best interests of the child
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Virginia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Virginia attorney.