Did you and your husband live somewhere else before moving to Virginia? Unless you achieve common law marital status in a state that legally recognizes such marriages, Virginia does not consider you married, no matter how long you have lived with someone. So you may not even be married. If that were the case, you wouldn't have to do anything at all. Even if you are married, a spouse cannot prevent you from getting a divorce. Having a signature on an agreement that finalizes all the property and support issues between you is required in order to avoid a court hearing about these matters, but even without one, you can still file for and obtain a divorce.