Dumfries, Virginia · No-Fault Divorce
The short answer is no. In Virginia, one spouse cannot force the other to stay married. If you want a divorce and your spouse does not, you can still get one. What your spouse can do is argue about the terms, not about whether the marriage ends. Let me explain how that works and what to expect if your spouse refuses to cooperate.
By Alisa Chunephisal, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger divorce guide. For the full picture, start with our cornerstone, Divorce in Virginia. Here, I will focus on divorcing when a spouse objects.
No-fault does not require agreement
A no-fault divorce under Va. Code § 20-91(A)(9) is based on living separate and apart for the required time, six months with no minor children and a signed agreement, or a year otherwise. Once that period is met, one spouse can ask the court for a divorce. Your spouse’s consent is not part of the test. They cannot keep the marriage going simply by refusing.
What your spouse can actually contest
Objecting to the divorce itself goes nowhere. What a spouse can genuinely dispute is the terms: how property and debts are divided, spousal support, and custody and support for the children. Those disputes can make a case contested and take longer, but they do not stop the divorce. The marriage still ends, the fight is only about the conditions on the way out.
A Word About Delay Tactics
A spouse who does not want the divorce sometimes tries to drag it out, ignoring papers, refusing to sign, contesting everything. It can slow the case, but it cannot block it. Refusing to participate does not stop a divorce, it just means the court moves forward without their cooperation. Stalling rarely changes the outcome.
Spouse refusing to cooperate in Dumfries?
A short conversation can show you how to move your divorce forward anyway. No pressure, no commitment.
If your spouse will not participate
A divorce starts by filing and then properly serving your spouse, the formal delivery of the papers. If they are served and do not respond within the time allowed, the case can proceed without them, and the court can still grant the divorce and decide the terms. Refusing to answer does not freeze the case. You also still need to meet the residency requirement under Va. Code § 20-97 and have the separation corroborated under Va. Code § 20-99. For the timeline, see our no-fault divorce page.
Where a Dumfries case is filed
A Dumfries divorce is filed in the Prince William County Circuit Court, the 31st Judicial Circuit, at the Prince William Judicial Center, 9311 Lee Avenue in Manassas, which serves all of Prince William County.
“No one can force you to stay married. A spouse can argue about the terms, but they cannot veto the divorce itself.”
Alisa Chunephisal, Esq. · Founding Partner
Alisa’s Practical Advice
Three habits help when a spouse resists. First, do not wait for their permission, because you do not need it, and delay only postpones your own fresh start. Second, keep good records of the separation date and a witness who can corroborate it, since those, not your spouse’s cooperation, are what the court needs. Third, focus your energy on the terms, the property, support, and children, because that is the only part your spouse can actually contest. The divorce will happen, prepare for the part that is genuinely in play.
You do not need consent to divorce in Virginia. Prepare for the terms, not for a veto that does not exist.
Authoritative References
Sources
- Code of Virginia, § 20-91(A)(9). No-fault ground based on living separate and apart, which does not require the other spouse’s consent. law.lis.virginia.gov/vacode/title20
- Code of Virginia, §§ 20-97 and 20-99. Residency requirement for divorce, and the requirement that grounds be corroborated. law.lis.virginia.gov/vacode/title20
- Prince William County Circuit Court (31st Judicial Circuit). Divorce filing at the Prince William Judicial Center, serving Dumfries. pwcva.gov/department/circuit-court
Statutory rules verified against the current Code of Virginia as of June 2026.
Frequently Asked Questions
Can my spouse refuse to give me a divorce in Virginia?
No. A no-fault divorce under Va. Code § 20-91(A)(9) is based on living separate and apart for the required time, not on both spouses agreeing. Once you meet that period, you can ask the court for the divorce regardless of your spouse’s wishes. Your spouse cannot keep the marriage alive simply by objecting or refusing to consent.
What can my spouse actually contest?
The terms, not the divorce itself. A spouse can dispute how property and debts are divided, spousal support, and custody and child support. Those disputes can make the case contested and lengthen it, but they do not prevent the marriage from ending. The court will still grant the divorce, the disagreement is only about the conditions.
What if my spouse ignores the divorce papers?
If your spouse is properly served and does not respond within the allowed time, the case can move forward without them. The court can grant the divorce and decide the terms even if one spouse refuses to participate. Ignoring the papers does not stop the process, it simply means the court proceeds based on your filings and the required proof.
Can my spouse drag out the divorce forever?
Not indefinitely. A spouse can slow a case by contesting the terms, but they cannot block the divorce itself, and the court has tools to keep a case moving. Stalling tactics usually add time and cost without changing the result. The marriage will still be dissolved once the requirements are met, no matter how uncooperative the other spouse is.
Do I need my spouse’s signature to get divorced?
No. A signature is helpful for an uncontested divorce with a signed agreement, but it is not required to obtain a divorce. If your spouse will not sign, you can still proceed once the separation period and other requirements are met. The lack of a signature affects the path, not your ability to end the marriage.
When You Are Ready
Let’s move your Dumfries divorce forward, with or without cooperation.
Tell me what your spouse is doing, and I will show you how the divorce proceeds regardless. The first call is a conversation, not a commitment.
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