Virginia's New Divorce Law: You Can Now File for Divorce Immediately After Separation

Effective July 1, 2026, Virginia law gives separating spouses earlier access to the court system.

For years, Virginia required many couples to wait six months or even a full year before they could file for divorce unless they alleged fault-based grounds such as adultery, cruelty, or desertion. As of July 1, 2026, that has changed.

Under a new Virginia law, spouses may now file for a divorce from bed and board immediately after they separate, provided they meet the statutory requirements. This allows the legal process to begin much sooner, giving families the opportunity to obtain important court orders while the required separation period for a final divorce continues to run.

What Changed?

Prior to July 1, 2026, many divorcing couples had limited options for obtaining court intervention early in the separation process unless they filed on traditional fault grounds.

The new law amends Virginia Code § 20-95 to allow a divorce from bed and board to be filed simply based on the parties living separate and apart where at least one spouse intends the separation to be permanent.

This means that, rather than waiting six months or one year before beginning the court process, many separating spouses can now ask the court to become involved immediately.

What Is a Divorce from Bed and Board?

A divorce from bed and board allows a court to address all of the divorce issues without actually divorcing the parties from the bond of matrimony. The parties remain legally married until an absolute divorce is granted later after the requisite waiting period.

Although it does not legally end the marriage, it allows the court to address many of the issues that are often most important at the beginning of a separation, including:

• Child custody and visitation

• Child support

• Spousal support

• Temporary possession or use of the marital residence

• Other appropriate temporary relief

  
  

Does This Mean You Can Get Divorced Immediately?

No. The new law allows you to file immediately, but it does not eliminate Virginia's existing waiting periods for a final divorce. In other words, the legal process can now begin sooner, but the marriage is not terminated immediately.

Virginia still generally requires:

• Six months of separation if the parties have no minor children and have entered into a written separation agreement; or

• One year of separation in most other cases before a final no-fault divorce may be granted.

Why This Change Matters

For many families, the period immediately following separation is when the need for court involvement is greatest.

Parents often need custody schedules established.

One spouse may require financial support while the divorce is pending.

Questions frequently arise regarding who will remain in the marital home or how bills should be paid.

Instead of waiting months before filing a divorce case, Virginia courts may now begin addressing these issues much earlier, potentially reducing uncertainty and providing greater stability during a difficult transition.

Should You File Immediately?

Not necessarily. Every divorce is different. While filing early may be beneficial in some situations, other couples may still resolve their differences through mediation and/or the negotiation of a comprehensive separation agreement without expensive litigation. The right strategy depends on your circumstances, financial situation, and goals.

Speak With an Experienced Virginia Divorce Attorney

If you are considering separation or divorce, it is important to understand how Virginia's new law may affect your options. An experienced family law attorney can help you determine whether filing immediately is appropriate for your situation, explain your rights, and develop a strategy designed to protect your interests from the very beginning of the separation process.

If you have questions about Virginia's new divorce law or any other family law matter, contact Dominion Law to schedule a confidential consultation.