It is possible to obtain a no-fault divorce within the Commonwealth of Virginia under the following grounds. The couple must be (1) living separate and apart without cohabitation for 1 year; or (2) living separate and apart without cohabitation for 6 months if there are no minor children and the spouses have entered into a separation agreement.

The Commonwealth of Virginia has a "no fault" divorce known as voluntary separation. It usually means that you and your spouse have separated after mutually and voluntarily agreeing that you no longer wish to live together as husband and wife and that there is no hope for a reconciliation. Your spouse cannot threaten or blackmail you into leaving; you separate because you both want to. To get a divorce on this ground you have to be separated without interruption, without cohabitation (not a single incident of sexual intercourse) for one year and there is no hope of reconciliation.