If you’re wondering whether you can get an immediate divorce in Virginia, you’re not alone. Many men facing a difficult or rapidly deteriorating marriage want to know if they can bypass long separation timelines or file right away based on their circumstances. The truth is that Virginia law allows immediate filing in certain cases—but not immediate finalization. Whether you can proceed quickly depends on your grounds for your Virginia divorce, the evidence you have, and how your case fits within Virginia’s strict legal requirements. Below, we break down exactly what you need to know so you can make informed decisions and move forward with confidence.

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1. Fault vs. No-Fault Divorce in Virginia

Virginia law recognizes two types of divorce: fault-based and no-fault. Fault-based divorces allow you to bypass the standard separation timeline, while no-fault divorces always require a specific period of living apart.

Common fault grounds include:

  • Adultery
  • Felony conviction
  • Cruelty or bodily harm
  • Desertion or abandonment

No-fault divorce relies solely on meeting Virginia’s separation requirements.

2. Immediate Filing on Fault-Based Grounds

You can file for divorce immediately in Virginia if you have valid fault-based grounds and the evidence to prove them. Fault grounds that allow for immediate filing include:

  • Adultery – Requires clear and convincing evidence.
  • Felony Conviction – Your spouse is sentenced to one year or more of imprisonment.
  • Cruelty or Bodily Harm – In some cases, this allows filing without waiting a full year.

Even with fault grounds, the case may still take months due to court scheduling, required hearings, and the burden of proof.

3. The Typical Waiting Period for No-Fault Divorce

If you cannot or do not wish to file on fault grounds, you must follow Virginia’s mandatory separation timeline:

  • One-year separation if you have minor children or no signed separation agreement.
  • Six-month separation if you have no minor children and both parties signed a written separation agreement.

The separation must be continuous and intentional.

4. What Counts as Separation & When the Clock Starts

Virginia defines separation as living apart without cohabitation and with the intent to permanently end the marriage. Courts look at behavior, living arrangements, and supporting evidence to determine when the separation began.

You generally cannot “backdate” separation unless both spouses agree and evidence supports it.

5. Why “Immediate” Doesn’t Always Mean Quick

Even though you may file immediately based on fault, the full divorce process can still take substantial time. Reasons include:

  • The need for strong proof—especially in adultery cases.
  • Backlogged courts and limited hearing availability.
  • Service of process delays.
  • Additional litigation required for custody, support, and property division.

Immediate filing ≠ immediate divorce decree.

6. Practical Steps to File as Soon as Possible

If you want your case filed as quickly as allowed, take the following steps:

  • Hire an experienced Virginia divorce attorney.
  • Gather evidence: texts, emails, witness statements, financial documents, police reports.
  • Obtain a fully signed separation agreement if pursuing a no-fault divorce.
  • Prepare to file the Complaint for Divorce in the correct circuit court.
  • Ensure proper service on your spouse to avoid delays.
  • Request the earliest available court dates.

Your attorney can streamline these steps and anticipate obstacles.

7. How a Virginia Divorce Attorney Can Help

If you’re seeking the fastest legally-allowed divorce in Virginia, the right attorney is essential. A seasoned family law lawyer can help you decide whether fault or no-fault grounds will best serve your goals, prepare necessary evidence, and position your case for the quickest resolution possible.

If you’re ready to discuss your options for an immediate divorce or want clarity on your fastest path under Virginia law, contact our Virginia Beach divorce attorneys today. We focus exclusively on representing men and protecting their rights throughout separation and divorce.