Virginia Divorce Laws
Virginia divorce laws can influence all aspects of your divorce case, from property division to allocation of support to parenting responsibilities. It is therefore helpful to understand the laws that will apply to your situation before making significant decisions about your divorce.
Whether you and your spouse are involved in a contested or an uncontested divorce, knowing your legal rights and obligations can let you feel more confident as you move forward.
Hire a Divorce Lawyer
At Taylor Huguley Powers PLLC, we’re passionate about helping families across Northern Virginia with divorce and other family law matters. With over 100 years of combined legal experience, we know that every family has unique needs, circumstances, and legal challenges.
We provide individualized guidance and vigorous advocacy in negotiations, mediations, and litigation. We are here to help our clients move through difficult transitions with knowledge, compassion, and committed representation.
Residency Requirements and Grounds for Divorce in Virginia
Virginia law requires that certain requirements be met before a divorce may be filed. In most cases, pursuant to Virginia Code § 20-97, one of the parties must have been a state resident actually living in Virginia for at least six months before filing for divorce. As of July 1, 2026, limited exceptions exist for certain members of the Armed Forces and qualifying federal civilian employees returning from overseas assignments.
Virginia Code § 20-91 sets forth the legal grounds for divorce. Virginia recognizes both fault-based grounds for divorce, including adultery, cruelty, willful desertion, and certain felony convictions. It also allows for a no-fault divorce to be finalized after the parties have continuously lived separate and apart for either 6 months or a year, depending on the circumstances.
How Virginia Divides Property and Debts
Virginia is an equitable distribution state. When dividing shared property and debts between divorcing spouses, Virginia courts make the division according to what is fair, which may not entail a 50/50 split.
Virginia Code § 20-107.3 requires that marital property be classified as either marital (shared) or separate (wholly owned by just one spouse), and it provides the criteria by which this classification is made.
Virginia Code § 20-107.3 also provides the framework for the court to equitably divide marital assets and debts. Factors for the court to consider when dividing property include:
- Each party’s contribution to the family’s well-being
- Each party’s financial contribution to building and maintaining the marital estate
- The length of the marriage
- The circumstances leading to the dissolution
- Each party’s financial circumstances.
Spousal Support, Child Custody, and Child Support
In many divorce cases, the court also resolves issues involving spousal support (alimony), child custody, and child support.
Pursuant to Virginia Code § 20-107.1, when awarding spousal support, the court considers factors such as:
- Each party’s financial resources and obligations
- Each party’s earning capacities and potential
- The standard of living to which the parties were accustomed during the marriage
- The contributions made by each party to the other’s education or professional development
- How the marital property has been divided
Under Virginia Code § 20-124.3, when deciding custody and child support issues, the court’s main priority is the best interest of the child. Child support is generally calculated according to the child support guidelines in Virginia Code § 20-108.2. However, based on the child’s needs and what would be reasonable in a given situation, a judge can order a different child support amount than what’s typically calculated, if legally permissible.
Key 2026 Updates to Virginia Divorce Law
Several changes to Virginia divorce law took effect on July 1, 2026. There are a few major amendments that anyone considering a divorce in Virginia should know.
House Bill 303 allows a separating couple to seek a type of divorce called bed and board divorce without proving fault or going through the statutory waiting period for a no-fault divorce. This change allows divorcing couples to move forward with many important aspects of their divorce without burdensome delays.
Bed and board divorce is distinguished from absolute divorce in Virginia law in that it isn’t a final form of divorce; the bond of matrimony remains intact, but you can still go through other parts of the divorce process like determining property division, custody, and child and spousal support. A bed and board divorce can later be finalized as an absolute divorce.
Another important amendment to Virginia Code § 20-9 introduced by HB 303 clarifies that for adultery to be a fault-based ground for divorce, it must have been committed before the last separation of the parties in order. This change makes documenting your date of separation even more important than it was before.
FAQs
What Counts as Separate Versus Marital Property in Virginia?
In Virginia, separate property and marital property are generally distinguished by the timing of when they were acquired. Separate property includes property that each spouse acquires before marriage, as well as inheritances and gifts received from sources besides the other spouse.
Absent sufficient proof to demonstrate separate ownership, property acquired during the marriage is generally considered marital property.
How Common Is Divorce in Virginia?
Divorce is fairly common across the Commonwealth. The Centers for Disease Control and Prevention show that Virginia had a divorce rate of 2.7 divorces per 1,000 residents in 2023, based on the latest statewide data available. That’s a bit higher than the 2023 national rate of 2.4 divorces per 1,000 residents.
Which Court Handles Divorce Cases in Virginia?
If you file for divorce in Virginia, your case will generally be heard in the circuit court of the county in which you reside (e.g., the Fairfax County Circuit Court). It’s important to be aware that rules and practices for court filing and scheduling can vary slightly from circuit to circuit in Virginia.
Can a Divorce Decree Be Changed After It Is Final?
A divorce decree can sometimes be modified or appealed after it is finalized in Virginia. You can potentially petition to modify parts of the decree, like custody, visitation, and child support orders, if you can demonstrate that your material circumstances have changed enough to meet legal standards.
Appeals are often difficult and are generally only successful when a divorce decree suffers from legal errors. You must file an appeal within 30 days of the final divorce judgment.
Contact a Virginia Divorce Lawyer
If you need compassionate, personalized legal support in your Virginia divorce, Taylor Huguley Powers PLLC is here for you. We’re based in Fairfax and serve clients throughout Northern Virginia. When you’re ready to get the help you need, schedule a consultation with us to hire a divorce lawyer.
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