Can I adopt my stepchild in Virginia if I was previously married to someone else?

Yes. Virginia's adoption law lets any natural person who resides in the Commonwealth petition to adopt a minor (Va. Code § 63.2-1201), and a previous marriage is not part of that wording. Whether the Circuit Court asks for any paperwork about an earlier marriage or divorce is something the Circuit Court clerk in your county can confirm.

What the court looks at instead. The focus is on the adoption itself and the people it involves:

• Residency: Virginia sets no minimum residency period. You need to be a resident of the Commonwealth (Va. Code § 63.2-1201).
• Consent: A child who is 14 or older must consent (Va. Code § 63.2-1202). Your filing also includes consent forms, or a motion to dispense with consent, along with your spouse's consent to the adoption.
• The other legal parent: If that parent will not consent, Virginia recognizes abandonment after 6 months (Va. Code § 63.2-1202(H)). Whether it applies depends on your facts, so a contested situation or an unknown or missing parent is worth discussing with the clerk or an attorney. If a parent's location is unknown, Virginia allows service by publication after a diligent search.
• Home study: Virginia waives the home study for stepparent adoptions (Va. Code § 63.2-1242).

Your previous marriage and the other parent. If your earlier marriage produced children, or if your spouse's former partner is the child's other legal parent, those are separate questions. They can affect who must consent or be notified. Because they turn on your specific circumstances, check them with an attorney or the clerk.

If your stepchild is already an adult. Virginia has a separate process for adult adoptees aged 18 or older. One eligible category is a stepchild to whom the petitioner has stood in loco parentis for at least 3 months. In that process the adoptee's consent is required, and no consent of either parent is required (Va. Code § 63.2-1243). The petitioner must be a Virginia resident, and the case is heard in Circuit Court. Adult cases are typically resolved in 4-8 weeks.

Timeline and cost. A stepparent adoption of a minor in Virginia typically takes 3-6 months. Court filing fees generally run $150-$300, and the total typically comes to under $1,000 when you file without an attorney.