Divorce by Affidavit Requirements

With spouse’s signature:

1. At least one spouse has lived in Virginia for the last six months.
2. You and your spouse have been separated at least six months (no minor children) or one year (if you and your spouse have minor children).

Without spouse’s signature (by publication in the newspaper):

1. You have lived in Virginia for the last six months.
2. You and your spouse have been separated at least one year (or six months if you already have a written and signed agreement).
3. Your spouse lives outside of the state of Virginia – in any other state or country; or you are unable to locate your spouse after making diligent efforts.