Stafford, Virginia · No-Fault Divorce
Most Virginia divorces are no-fault, which means neither spouse has to prove the other did something wrong. You simply live separately and apart for the required time and then ask the court to end the marriage. Let me walk you through the two timelines, the few rules that go with them, and where to file a Stafford case.
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.
The two timelines
Under Va. Code § 20-91(A)(9), a no-fault divorce is based on living separate and apart. The wait is six months if you have no minor children and a signed separation agreement, or one year in every other case. The shorter path is the reason a complete agreement matters so much, it can cut the timeline in half for couples without minor children. For the document itself, see our no-fault divorce page.
Residency and proof
Two more rules round it out. One spouse must have been a Virginia resident for at least six months before filing, under Va. Code § 20-97. And the separation has to be corroborated under Va. Code § 20-99, meaning you need a witness who can confirm the date and that you lived apart, a court will not grant a divorce on your word alone.
A Word About the Separation Date
The clock starts when one spouse decides the marriage is over and you begin living separate lives, not when the paperwork is filed. You can even live under the same roof if you truly live apart and can prove it, though that is harder to show. Pin down your date and tell someone, because that date drives everything.
Thinking about a no-fault divorce in Stafford?
A short conversation can tell you which timeline fits and what to do first. No pressure, no commitment.
You do not need your spouse’s permission
A no-fault divorce does not require both spouses to agree to end the marriage. Once the separation period is met, one spouse can move the case forward even if the other objects. What your spouse can dispute is the terms, the property, support, and any custody questions, not whether the divorce happens. Agreeing on those terms is what keeps the case smooth and quick.
Where a Stafford case is filed
A Stafford divorce is filed in the Stafford Circuit Court, the 15th Judicial Circuit, at the Judicial Center, 1300 Courthouse Road, Stafford, Virginia 22554. The court serves all of Stafford County.
“No-fault is the calm path. Get the separation date right and the agreement complete, and the rest tends to fall into place.”
Alisa Chunephisal, Esq. · Founding Partner
Alisa’s Practical Advice
Three habits help in a Stafford no-fault divorce. First, fix your separation date and mention it to someone you trust, because that person may be your corroborating witness later. Second, if you have no minor children, aim for a signed agreement so you can use the six-month track instead of waiting a year. Third, do not wait on your spouse’s blessing, since you do not need it, and the timeline only runs once you are living apart. Clarity on those three saves months.
Date, agreement, residency. Nail those three and a no-fault divorce is the smooth route.
Authoritative References
Sources
- Code of Virginia, § 20-91(A)(9). No-fault ground based on living separate and apart for six months or one year. 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
- Stafford Circuit Court (15th Judicial Circuit). Divorce filing at the Judicial Center, 1300 Courthouse Road, Stafford, VA 22554. staffordcountyva.gov/government/courts/circuit_court
Statutory rules verified against the current Code of Virginia as of June 2026.
Frequently Asked Questions
How long do I have to be separated for a no-fault divorce in Virginia?
Under Va. Code § 20-91(A)(9), it is six months if you have no minor children and a signed separation agreement, or one year in every other case. The shorter track is why a complete agreement matters for couples without minor children. The separation must be continuous, reconciling and moving back in resets the clock.
Do I have to prove my spouse did something wrong?
No. That is the point of a no-fault divorce. You do not have to prove adultery, cruelty, or any other fault, only that you have lived separate and apart for the required time. Most Virginia divorces proceed this way because it is usually faster, less costly, and less combative than litigating fault.
Can we be separated while living in the same house?
It is possible but harder to prove. You must genuinely live separate lives, separate bedrooms, finances, and routines, and you need to show it. Many couples find it cleaner when one spouse moves out, but Virginia does allow an in-home separation if you can corroborate that you truly lived apart under the same roof.
Do I need a witness?
Yes. Va. Code § 20-99 requires corroboration, so a court will not grant a divorce on your testimony alone. You need a witness, often a friend, relative, or neighbor, who can confirm your separation date and that you lived apart. Identifying that person early, ideally someone you told when you separated, makes the final step simpler.
Where do I file for divorce in Stafford?
In the Stafford Circuit Court, the 15th Judicial Circuit, at the Judicial Center, 1300 Courthouse Road, Stafford, VA 22554. One spouse must have been a Virginia resident for at least six months before filing, under Va. Code § 20-97. The court handles divorces for all of Stafford County.
When You Are Ready
Let’s map out your no-fault divorce in Stafford.
Tell me about your separation and your family, and I will help you find the right timeline and the first steps. The first call is a conversation, not a commitment.
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