I am curious on if I qualify for a divorce with out children since my child was born out of wedlock.

I am not sure from your question whether you mean that the child was born prior to the marriage or that the child was born during the marriage, but is not your husband's child.  If the child is not your husband's child, does he know this?  If there is any dispute as to the parentage of the child, a paternity test may need to be done.  If the child was born during the marriage, there is a presumption that it is your husband's child, so without a stipulation from him that it is not his child, there could still be issues.  If the child IS your husband's child, then it doesn't matter if the child was born before the marriage, it would still be a child of the marriage.  If you both know and agree that it is not your husband's child, then you should be able to accomplish a divorce as if you had no children of the marriage.  This would allow you to obtain a no-fault divorce after only a six-month separation, if you have a written property settlement agreement, as opposed to waiting a full year, as you would if you have children together.   This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.