Six Months or a Year? When Fairfax Couples Can Actually File for a No-Fault Divorce

Fairfax County Family Law · No-Fault Divorce

Of all the questions I hear early in a Fairfax divorce, the timing one comes first: when can I actually file? The honest answer is that it depends on two things, your children and your paperwork. Let me walk you through how the no-fault clock really works in Fairfax County, in plain language, so you can see which timeline is yours.

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 the no-fault path alone.

What a no-fault divorce really means

A no-fault divorce is the most common route in Virginia, and it is the simplest one. Nobody has to prove the other did something wrong. The divorce is based on one thing alone: that you have lived apart for the time the law requires, with at least one of you intending the marriage to be over. That ground comes from Va. Code § 20-91(A)(9), and it is cleaner, faster, and easier on a family than fighting over blame.

The two timelines, in plain terms

Virginia gives you two separation clocks. Which one you are on depends on your family and your paperwork:

Six months. This faster path opens up only when you have no minor children and you have signed a written separation agreement that settles property, debts, and support.
One year. This covers everyone else. If you share minor children, or you simply have not signed an agreement, you live separate and apart for twelve months before you can file.

The year can feel long, but it is rarely wasted. Most couples use those months to build the agreement that makes the rest of the divorce simple. (Va. Code § 20-91(A)(9))

A Word About the Separation Date

The clock starts only when two things line up at the same time: you stop living as a married couple, and at least one of you intends the marriage to be permanently over. One trap to know about: if you slide back into the relationship for more than a brief moment, a court can decide the separation stopped and the clock starts over. A clear, written separation date protects you.

Not sure which clock you are on?

A short conversation can tell you your earliest filing date and what to do with the time in between. No pressure, no commitment.

Talk With Us

What “separated” actually means (you can do it under one roof)

People assume separation means one of you packs a bag. It does not always work that way. Virginia recognizes a same-roof separation, where spouses still live in the same house but stop living as a married couple. Courts look for the real signs of separate lives: separate bedrooms, separate finances, separate routines, and no holding yourselves out to friends and family as still together. If you stay under one roof to save money during the wait, keep proof that you truly lived apart.

Do you qualify to file in Virginia?

Before the separation clock matters, one of you has to belong to Virginia. Either you or your spouse must have been a real, bona fide resident and domiciliary of Virginia for at least six months before the divorce is filed. (Va. Code § 20-97) There are separate residency rules for service members, which matters in a county that sits next to Fort Belvoir.

Where a Fairfax no-fault divorce gets filed

Your case is handled by the Fairfax Circuit Court, the 19th Judicial Circuit, at 4110 Chain Bridge Road in the City of Fairfax. It is the largest trial court in Virginia. You file a Complaint in the Civil Intake Division along with a VS-4 statistical form and a Domestic Case Coversheet, and Fairfax now lets you file divorce cases electronically. For an uncontested no-fault case with a signed agreement, you may finish without ever standing in a courtroom.

“The wait is not dead time. The couples who use those months to settle the agreement are the ones who walk out with a clean, quick divorce at the end of it.”

Alisa Chunephisal, Esq. · Founding Partner

Alisa’s Practical Advice

Three habits make the no-fault wait work for you instead of against you. First, fix your separation date in writing and tell at least one trusted person, so the start of the clock is never in doubt. Second, if you have no minor children, get the separation agreement done early, because that is the only thing standing between you and the six-month path. Third, if you stay in the same home to save money, keep simple proof that you lived separate lives, such as separate accounts and sleeping arrangements.

A clear separation date and a finished agreement are what turn a year of waiting into weeks of filing.

So which clock are you on?

If you have no minor children and you are ready to put an agreement in writing, six months may be all that stands between you and a filed case. If you share children, the year is coming whether you rush it or not, so the smart move is to spend it getting the agreement right. Either way, you do not have to guess at the date or the paperwork. Learn how the no-fault path works start to finish, or see why a separation agreement can shorten your wait.

Authoritative References

Sources

Code of Virginia, § 20-91(A)(9). No-fault grounds for divorce and the six-month and one-year separation periods. law.lis.virginia.gov/vacode/title20
Code of Virginia, § 20-97. Residency and domicile requirement to file for divorce in Virginia. law.lis.virginia.gov/vacode/title20
Fairfax County Circuit Court. Divorce filing information, forms, and electronic filing for the 19th Judicial Circuit. fairfaxcounty.gov/circuit

Statutory rules verified against the current Code of Virginia as of June 2026.

Frequently Asked Questions

How long do you have to be separated before a no-fault divorce in Fairfax County?

Either six months or one year, under Va. Code § 20-91(A)(9). The six-month period applies only when you have no minor children and you have signed a written separation agreement that settles property, debts, and support. Everyone else, including couples with minor children, must live separate and apart for a full year before filing. Fairfax follows the same Virginia law as every other county.

What does “living separate and apart” mean in Virginia?

It means you have stopped living as a married couple, with at least one spouse intending the marriage to be permanently over. Virginia allows a same-roof separation, so you can qualify while still living in the same house, but courts expect proof of separate lives: separate bedrooms, separate finances, separate routines, and no holding yourselves out as still together. Resuming the relationship can pause or restart the clock.

Do you have to go to court for a no-fault divorce in Fairfax?

Often, no. When both spouses agree on every issue and have a signed agreement, an uncontested no-fault divorce can usually be finished on the paperwork alone, without a contested hearing. Fairfax Circuit Court also allows electronic filing for divorce cases. If issues are disputed, the case can require court appearances, which is one reason a complete separation agreement matters so much.

Where do you file for divorce in Fairfax County?

Divorce in Fairfax is filed with the Fairfax Circuit Court, the 19th Judicial Circuit, at 4110 Chain Bridge Road in the City of Fairfax. You file a Complaint in the Civil Intake Division along with a VS-4 statistical form and a Domestic Case Coversheet. The court is the largest trial court in Virginia and offers electronic filing for divorce matters.

Can you get divorced in six months if you have children?

Not on no-fault grounds. The six-month separation period is available only to couples with no minor children who have signed a written separation agreement. If you share minor children, the no-fault path requires a full year of separation, regardless of whether you have an agreement. Fault-based grounds follow different rules, which is a separate conversation worth having early.

When You Are Ready