Divorce in Virginia
To file for divorce in Virginia, at least one spouse must have lived in the state for six months. Virginia allows both no-fault and fault-based divorce.
- No-fault: the spouses have lived separate and apart for one year. The period is six months if there are no minor children and the spouses have signed a separation agreement.
- Fault grounds: adultery, cruelty, desertion, and conviction of a felony with a sentence of more than a year.
A divorce is uncontested when the spouses agree on every issue, and contested when a judge has to decide one or more of them. Divorces are filed in Circuit Court.
Property and debts
Virginia uses equitable distribution. The court classifies property as marital, separate or part of each, values it, and divides the marital share fairly based on factors set out in the statute. Fair does not always mean equal. Retirement accounts, the marital home and debts are all part of this process.
Spousal support
Whether support is awarded, how much and for how long depends on factors such as each spouse's income and needs, the length of the marriage and the contributions each made to the family.
Child custody and visitation
Custody and visitation are decided according to the best interests of the child. Virginia Code ยง 20-124.3 lists the factors a judge must consider, including each parent's relationship with the child, the child's needs, each parent's willingness to support the child's relationship with the other parent, and, where appropriate, the child's own preference.
Custody, visitation and support cases that are not part of a divorce are heard in Chesterfield Juvenile and Domestic Relations District Court, 7000 Lucy Corr Boulevard, Chesterfield, VA 23832.
Child support
Virginia sets child support using statutory guidelines based mainly on both parents' gross incomes, the number of children, health insurance and work-related child care costs, and the custody arrangement. Orders can be modified when circumstances change materially.
What to bring to your consultation
Bring any existing court orders or agreements, recent pay stubs and tax returns, and a list of major assets and debts. For custody matters, a short written timeline of the children's schedule and any important events is useful.
Common questions
How long does a divorce take in Virginia?
A no-fault divorce requires a separation of one year, or six months when there are no minor children and a signed separation agreement. After that, an uncontested divorce is usually much faster than one where the court must decide property, support or custody.
Do we have to go to court if we agree on everything?
An uncontested divorce based on a signed agreement can often be completed with little or no time in a courtroom. The agreement still needs to be drafted carefully, because it becomes a court order.
Can a custody order be changed later?
Yes. A parent can ask the court to modify custody or visitation when there has been a material change in circumstances and the change would be in the child's best interests.
This page is general information about Virginia law, not legal advice for your situation. Reading it or contacting the firm does not create an attorney-client relationship. Every case is different, and past results do not guarantee a future outcome.