Virginia Divorce Laws: Complete Legal Guide

17 min read Last updated: January 13, 2026

Virginia divorce law requires couples seeking divorce to meet specific separation requirements and choose between no-fault and fault-based grounds. Understanding Virginia's 6-month or 12-month separation periods, equitable distribution system for property division, spousal support factors, and the significant impact of fault grounds like adultery is essential when navigating divorce proceedings in the Commonwealth of Virginia.

Key Takeaways

Virginia requires 6 months separation (if no minor children and signed separation agreement) or 12 months separation for no-fault divorce
Virginia is an equitable distribution state - marital property is divided fairly, not necessarily 50/50
Adultery can bar spousal support for the adulterous spouse and affect property division
At least one spouse must have been a Virginia resident for 6 months before filing
No-fault uncontested divorce typically takes 7-15 months total; contested divorce takes 12-24+ months
Separation agreement must resolve all property, debt, and support issues to qualify for 6-month no-fault divorce
Virginia courts consider 13 statutory factors when determining spousal support - no strict formula

Residency Requirements for Divorce in Virginia

Before you can file for divorce in Virginia, you must meet the state's residency requirements under Va. Code § 20-97:

Standard Residency Requirement

At least one spouse must have been a resident of Virginia for at least 6 months immediately preceding the filing of the divorce complaint.

Exception: Grounds Occurred in Virginia

If the grounds for divorce occurred in Virginia while you were residents, the 6-month residency requirement is waived. However, at least one spouse must currently be a Virginia resident.

Where to File

Divorce complaints must be filed in the Circuit Court of the county or city where:

Either spouse resides, or
The spouses last cohabited (lived together as married couple)

Military Members

Active-duty military members stationed in Virginia meet the residency requirement as Virginia residents. The Service members Civil Relief Act (SCRA) provides additional protections including the ability to request stays of proceedings under certain circumstances.

Grounds for Divorce in Virginia

Virginia recognizes both no-fault and fault-based grounds for divorce under Va. Code § 20-91.

No-Fault Divorce (Separation)

Virginia's no-fault divorce ground requires the spouses to live separate and apart without cohabitation for a specified period:

6-Month Separation Divorce

You can file for no-fault divorce after 6 months of continuous separation if BOTH of the following conditions are met:

No minor children (no children under age 18 born or adopted during the marriage), AND
Signed separation agreement - The parties have entered into a written separation agreement settling all property, support, and debt issues

This is the fastest route to divorce in Virginia but is only available to couples without minor children who can reach agreement on all issues.

12-Month Separation Divorce

If you do not meet both requirements for 6-month divorce, you must wait 12 months of continuous separation before filing for no-fault divorce. This applies if:

You have minor children (under age 18), OR
You do not have a signed separation agreement, OR
Both of the above

What "Living Separate and Apart" Means

Virginia courts strictly interpret the separation requirement. To qualify:

Physical separation: You must live in separate residences (separate homes, apartments, etc.)
Intent to remain separated: At least one spouse must intend the separation to be permanent
No cohabitation: No sexual relations during the separation period
Continuous period: The separation must be continuous without resuming marital cohabitation

Reconciliation Resets the Clock

If you reconcile and resume living together as a married couple (cohabitation and sexual relations), the separation period resets to zero. You must begin a new separation period of 6 or 12 months. Even a brief reconciliation can restart the clock, potentially delaying your divorce by many months.

Fault-Based Grounds for Divorce

Virginia allows divorce based on fault grounds, which can affect property division, spousal support, and attorney's fees. Fault grounds include:

1. Adultery, Sodomy, or Buggery (Va. Code § 20-91(1))

Voluntary sexual intercourse by a married person with someone other than their spouse. Virginia requires clear and convincing evidence of adultery (higher standard than typical preponderance of evidence).

Impact of adultery:

Typically bars the adulterous spouse from receiving spousal support (unless denial would constitute "manifest injustice")
Can result in unequal property distribution in favor of the innocent spouse
No separation period required - can file immediately
May result in attorney's fees award to the innocent spouse

2. Conviction of Felony (Va. Code § 20-91(3))

Conviction of a felony after the marriage, with imprisonment for more than one year, and the spouses have not cohabited after knowledge of the conviction.

3. Cruelty or Reasonable Apprehension of Bodily Harm (Va. Code § 20-91(1))

Physical cruelty or acts creating reasonable apprehension of bodily harm that renders continued cohabitation unsafe and intolerable.

This ground requires evidence of specific acts of physical violence, threats, or conduct creating reasonable fear of harm.

4. Willful Desertion or Abandonment (Va. Code § 20-91(2))

One spouse willfully deserted or abandoned the other for more than one year.

Desertion requires:

Cessation of cohabitation: Physical separation
Intent to desert: Intent to end the marriage
Lack of consent: The deserted spouse did not consent
Lack of justification: No valid reason for the separation
Continuous for one year: Desertion lasted at least one year

Choosing Between No-Fault and Fault-Based Divorce

Most Virginia divorces proceed on no-fault grounds because:

Fault grounds require proof and increase litigation complexity and cost
No-fault avoids public airing of private marital issues
No-fault is more predictable and faster to resolve if uncontested

Consider fault-based grounds when:

You have strong evidence of adultery and want to bar spousal support
You want to avoid waiting 6-12 months for separation period
Fault significantly affected marital estate (e.g., dissipation of assets)
You seek more favorable property division based on fault

Equitable Distribution of Property in Virginia

Virginia is an equitable distribution state under Va. Code § 20-107.3. This means marital property is divided fairly and equitably, not necessarily equally (50/50).

Classification of Property

Virginia law classifies all property into three categories:

1. Separate Property

Property that is NOT subject to division. Separate property includes:

Property acquired before the marriage
Property acquired during marriage by gift or inheritance (from third party, not spouse)
Property acquired in exchange for separate property
Income and appreciation from separate property, if passive (not due to marital effort or contribution)
Property designated as separate by valid agreement (prenuptial, postnuptial, or separation agreement)

Each spouse retains their separate property without division.

2. Marital Property

Property subject to equitable distribution. Marital property includes:

All property acquired by either or both spouses during the marriage
Property titled in both names (joint ownership)
Property titled in one spouse's name if acquired during marriage
Income from separate property if due to significant marital effort, time, or expertise
Appreciation of separate property if due to marital contributions (active appreciation)
Retirement benefits, pensions, deferred compensation accrued during marriage

3. Hybrid Property (Part Separate, Part Marital)

Property that has both separate and marital components. Common examples:

Home purchased before marriage but mortgage paid with marital funds during marriage
Retirement account started before marriage that continued to grow during marriage
Separate property that increased in value due to marital contributions or efforts

Courts must trace and allocate the separate and marital portions of hybrid property.

Presumption: Property is Marital

Virginia law presumes that all property acquired during marriage is marital property. The spouse claiming property is separate bears the burden of proof by clear and convincing evidence. Maintain detailed records and documentation to prove separate property classification.

Equitable Distribution Factors

Once property is classified, the court divides marital property based on equitable distribution factors under Va. Code § 20-107.3(E):

Factor	Description
1. Contributions to Property Acquisition	Monetary and non-monetary contributions by each spouse to the wellbeing of the family and acquisition of marital property
2. Contributions as Homemaker	Contributions of each spouse in the care and raising of children and maintaining the home
3. Duration of Marriage	Length of the marriage - longer marriages often result in more equal division
4. Age and Health	Physical and mental condition of each spouse
5. Circumstances of Divorce	How and why the marriage ended (fault can be considered here)
6. Property Distribution Tax Consequences	Tax implications of the proposed distribution to each spouse
7. Debt Obligations	Debts and liabilities of each spouse and the marital estate
8. Liquid vs. Non-Liquid Assets	Whether assets are liquid (easily converted to cash) or non-liquid (e.g., real estate, business interests)
9. Property Awards	Separate property each spouse will retain
10. Earning Capacity and Opportunity	Each spouse's earning capacity, skills, education, and employment opportunities
11. Other Relevant Factors	Any other factors the court deems relevant to achieve equity

Common Marital Assets Subject to Division

Marital Home

Options for dividing the marital home include:

Sale and division of proceeds: Most common when neither spouse can afford to maintain the home
One spouse buys out the other: Refinances to remove other spouse from mortgage and pays half of equity
Deferred sale: Custodial parent remains in home until children reach age 18, then home is sold

Retirement Accounts (Pensions, 401(k), IRAs)

Retirement benefits accrued during marriage are marital property subject to division. Division requires:

Valuation: Determine present value or percentage of benefits attributable to marriage
Qualified Domestic Relations Order (QDRO): Court order directing retirement plan administrator to pay portion to spouse
Tax considerations: Ensure division is structured to avoid early withdrawal penalties

Businesses and Professional Practices

Business interests acquired or increased during marriage are marital property. Valuation typically requires:

Expert business valuation (forensic accountant or business appraiser)
Consideration of goodwill, earning capacity, and marital contributions
Options: Buy-out, continued co-ownership, or liquidation

Debt Division

Virginia courts also divide marital debt equitably, including:

Credit card debt incurred during marriage for marital purposes
Mortgages and home equity loans
Car loans and personal loans
Student loans (may be separate or marital depending on timing and purpose)

Spousal Support (Alimony) in Virginia

Virginia law provides for spousal support (also called alimony or maintenance) under Va. Code § 20-107.1 when one spouse needs financial assistance and the other has the ability to pay.

Types of Spousal Support

1. Pendente Lite (Temporary) Support

Spousal support awarded during the divorce proceedings to maintain the status quo until final divorce decree. Typically calculated using guideline formulas based on income differential.

2. Rehabilitative (Limited Duration) Support

Support for a specific time period to allow the dependent spouse to become self-sufficient through education, training, or work experience. Most common form of spousal support.

3. Permanent Support

Support with no set termination date, continuing until death, remarriage, or court modification. Less common; typically reserved for long marriages where dependent spouse is elderly or unable to become self-supporting.

Spousal Support Factors

Virginia courts consider 13 statutory factors under Va. Code § 20-107.1(E) when determining spousal support:

Factor	Description
1. Income & Earning Capacity	Actual earnings and earning ability of each spouse, including education, skills, and employment opportunities
2. Age & Physical/Mental Condition	Age, health status, and disabilities affecting ability to work
3. Standard of Living	Standard of living established during the marriage
4. Duration of Marriage	Length of the marriage (longer marriages more likely to result in support)
5. Monetary & Non-Monetary Contributions	Contributions to family wellbeing, including homemaking, childcare, and supporting other spouse's career
6. Property Distribution	Property interests awarded to each spouse in equitable distribution
7. Circumstances Leading to Divorce	Grounds for divorce and fault, if any (adultery can bar support)
8. Tax Consequences	Federal and state tax implications (post-2019 divorces: spousal support is no longer tax-deductible)
9. Marital Debt	Debts and obligations allocated to each spouse
10. Education & Training	Time needed for dependent spouse to obtain education or training for appropriate employment
11. Career Decisions During Marriage	Decisions regarding employment, career, education made during marriage for benefit of family
12. Ability to Pay	Financial resources and ability of supporting spouse to pay while meeting their own needs
13. Other Relevant Factors	Any other factors necessary to achieve equity and justice

Adultery Bars Spousal Support (With Exception)

Under Va. Code § 20-107.1(B), a spouse who commits adultery is barred from receiving spousal support unless:

The denial of support would constitute "manifest injustice" based on the respective degrees of fault and economic circumstances, OR
The other spouse condoned (forgave) the adultery and resumed marital cohabitation

Courts rarely find "manifest injustice" sufficient to overcome the adultery bar. Adultery has the most significant financial impact of any fault ground in Virginia divorce law.

Modification and Termination of Spousal Support

Spousal support can be modified or terminated based on:

Material change in circumstances: Significant change in income, health, or financial situation
Remarriage of recipient: Spousal support automatically terminates upon remarriage (unless agreement provides otherwise)
Death: Support terminates upon death of either party (unless agreement provides for continuation)
Cohabitation: If recipient cohabits with another person in a relationship analogous to marriage for one year or more, support terminates

Parties can agree to make spousal support non-modifiable in their separation agreement or final decree.

Child Custody and Support in Virginia

Child Custody

Virginia courts determine child custody based on the best interests of the child standard under Va. Code § 20-124.3.

Types of Custody

Legal Custody: Right to make major decisions about child's upbringing (education, healthcare, religion)
Physical Custody: Where the child primarily resides
Sole Custody: One parent has legal and/or physical custody
Joint Custody: Both parents share legal and/or physical custody
Shared Custody: Child spends at least 90 days per year with each parent

Best Interests Factors

Virginia courts consider 10 statutory factors when determining custody:

Age and physical/mental condition of the child
Age and physical/mental condition of each parent
Relationship between child and each parent
Needs of the child (emotional, developmental, educational)
Role each parent has played in the child's upbringing
Propensity of each parent to support child's relationship with other parent
Child's preference (if of reasonable age and maturity, typically 12+)
History of family abuse or sexual abuse
Each parent's ability to maintain appropriate relationship with child
Other relevant factors

Child Support

Virginia uses statutory child support guidelines under Va. Code § 20-108.2 based on both parents' gross income and number of children.

Child Support Calculation

Virginia's child support guidelines consider:

Gross income of both parents (wages, salary, bonuses, commissions, self-employment income, etc.)
Number of children subject to the support order
Work-related childcare costs
Health insurance premiums for the children
Extraordinary medical expenses (unreimbursed expenses over $250/year)
Custody arrangement (sole vs. shared custody adjustments)

The Virginia Department of Social Services provides an online child support calculator to estimate guideline support amounts.

The Virginia Divorce Process

Step-by-Step Divorce Process

1. Separation Period

If proceeding on no-fault grounds, begin living separate and apart for required 6 or 12 months. Document the separation date carefully.

2. Draft Separation Agreement (If Uncontested)

If you and your spouse can agree on all issues, draft a comprehensive marital settlement agreement (also called separation agreement or property settlement agreement) addressing:

Division of all marital property and assets
Allocation of marital debts
Spousal support (amount, duration, and terms)
Child custody and visitation schedule
Child support
Health insurance for children
Tax considerations (dependency exemptions, etc.)

Both spouses must sign the agreement, and signatures should be notarized. The agreement is incorporated into the final divorce decree.

3. File Complaint for Divorce

After completing the separation period (or immediately if fault-based), file a Complaint for Divorce in the Circuit Court. Required documents include:

Complaint for Divorce (setting forth grounds and requested relief)
VS-4 form (Report of Divorce or Annulment - vital statistics)
Civil cover sheet (varies by locality)
Filing fee (approximately $86-$100 depending on locality)

4. Serve Your Spouse

Virginia requires proper service of process on your spouse. Options include:

Sheriff's service: Sheriff delivers papers to spouse ($12-$25 fee)
Private process server: Licensed process server delivers papers
Acceptance of service: Spouse voluntarily signs acknowledgment of receipt (if cooperative)
Service by publication: If spouse cannot be located (requires court permission)

Your spouse has 21 days to respond if served in Virginia (28 days if served by publication or outside Virginia).

5. Discovery and Financial Disclosure

Both parties exchange financial information and documentation including:

Income documentation (pay stubs, tax returns, W-2s, 1099s)
Asset statements (bank accounts, retirement accounts, investment accounts)
Property appraisals and valuations
Debt statements (credit cards, loans, mortgages)
Expense affidavits

In contested cases, formal discovery may include interrogatories, requests for production of documents, depositions, and subpoenas.

6. Negotiation and Settlement

Most divorces settle before trial. Settlement methods include:

Direct negotiation between attorneys
Mediation: Neutral third-party mediator helps facilitate agreement
Collaborative divorce: Both parties and attorneys commit to resolving case without litigation

7. Final Hearing

If uncontested, you will attend a brief final hearing (10-15 minutes) where:

You testify about grounds for divorce and separation
You present a corroborating witness (required for no-fault divorce - someone who can testify you lived separate and apart)
You present your separation agreement (if applicable)
Judge reviews and asks questions
Judge enters Final Decree of Divorce

If contested, the case proceeds to trial where both parties present evidence and testimony, and the judge makes determinations on all disputed issues.

8. Final Decree of Divorce

The court enters a Final Decree of Divorce that:

Grants the divorce and dissolves the marriage
Incorporates the separation agreement (if uncontested)
Orders equitable distribution of property (if contested)
Awards spousal support (if applicable)
Establishes child custody and visitation (if children)
Orders child support (if children)

The divorce is final and effective immediately when the decree is entered. Either party can request certified copies from the clerk of court ($2 per page).

Timeline for Virginia Divorce

Type of Divorce	Typical Timeline
Uncontested No-Fault (No Children)	7-9 months (6 months separation + 1-3 months court processing)
Uncontested No-Fault (With Children)	13-15 months (12 months separation + 1-3 months court processing)
Contested No-Fault	12-24+ months (separation period + 6-12+ months litigation)
Fault-Based Uncontested	3-6 months (no separation required + court processing)
Fault-Based Contested	12-18+ months (litigation and trial)

Divorce Costs in Virginia

Court Costs and Filing Fees

Filing fee: $86-$100 (varies by locality)
Service of process: $12-$50
Certified copies of decree: $2 per page

Attorney Fees

Uncontested divorce: $1,000-$3,500 (flat fee or limited representation)
Contested divorce: $5,000-$30,000+ depending on complexity, assets, and litigation intensity
Hourly rates: $200-$500+ per hour depending on attorney experience and location

Additional Costs

Mediator: $150-$400 per hour (typically split between parties)
Property appraisal: $300-$500 per property
Business valuation: $5,000-$20,000+
Expert witnesses: $2,000-$10,000+ (accountants, custody evaluators, etc.)
QDRO preparation: $500-$2,000 per retirement account

Frequently Asked Questions

How long do you have to be separated to get a divorce in Virginia?

Virginia requires either 6 months or 12 months of continuous separation before you can file for no-fault divorce. You can file after 6 months if: (1) you have no minor children, AND (2) you have a signed separation agreement settling all property, support, and debt issues. Otherwise, you must wait 12 months of continuous separation. Virginia law requires you to live separate and apart with no cohabitation or sexual relations during this period.

What are the grounds for divorce in Virginia?

Virginia recognizes both no-fault and fault-based grounds for divorce. No-fault: Living separate and apart for 6 months (with separation agreement and no children) or 12 months. Fault grounds include: adultery, sodomy, or buggery; conviction of a felony with imprisonment over one year; cruelty or reasonable apprehension of bodily harm; willful desertion or abandonment for one year. Fault grounds can affect property division, spousal support, and attorney's fees awards.

Is Virginia a community property or equitable distribution state?

Virginia is an equitable distribution state, not a community property state. This means marital property is divided fairly and equitably, not necessarily 50/50. Virginia courts classify property as separate (owned before marriage or received by gift/inheritance), marital (acquired during marriage), or hybrid (partly separate, partly marital). Only marital property is subject to division. Courts consider factors like each spouse's contributions (monetary and non-monetary), length of marriage, circumstances leading to divorce, and each spouse's assets and liabilities when dividing property.

How is spousal support (alimony) calculated in Virginia?

Virginia does not use a strict formula for spousal support calculation. Courts have broad discretion considering 13 statutory factors under Va. Code § 20-107.1(E): income and earning capacity of each spouse, age and physical/mental condition, standard of living during marriage, duration of marriage, monetary and non-monetary contributions to family, property awarded in divorce, circumstances that contributed to dissolution, and tax consequences. Spousal support can be temporary (pendente lite), rehabilitative (limited duration while spouse becomes self-sufficient), or permanent. Adultery by the requesting spouse typically bars spousal support unless denial would create manifest injustice.

Can you get a divorce in Virginia without a lawyer?

Yes, Virginia allows you to file for divorce without an attorney (pro se). This is most practical for uncontested no-fault divorces where you and your spouse agree on all issues. You must still meet all legal requirements: residency (at least one spouse lived in Virginia for 6 months before filing), proper grounds (6 or 12 months separation), complete and file all required forms, and appear at final hearing. However, if you have significant assets, debts, retirement accounts, children, or disputes over property or support, hiring an attorney is strongly recommended as Virginia equitable distribution and spousal support laws are complex.

How long does a divorce take in Virginia?

Virginia divorce timeline depends on grounds and complexity. No-fault uncontested divorce: Minimum 6-12 months (separation period required) plus 1-3 months for court processing after filing. Total: approximately 7-15 months. Contested divorce: 12-24+ months depending on complexity, discovery, negotiations, and trial scheduling. Fault-based divorce without separation: Can proceed immediately after filing but typically takes 12-18 months due to litigation. After filing, you can expect: initial hearing within 30 days (temporary support/custody), discovery period (3-6 months), settlement negotiations, and final hearing/trial.

Does adultery affect divorce in Virginia?

Yes, adultery significantly affects divorce in Virginia. Adultery is a fault ground that can: (1) Bar the adulterous spouse from receiving spousal support (unless denial would constitute manifest injustice), (2) Negatively impact property distribution in favor of the innocent spouse, (3) Allow immediate filing without waiting for separation period, (4) Result in attorney's fees award to innocent spouse. Virginia requires clear and convincing evidence of adultery. Adultery must be proven to have occurred before separation. If both spouses committed adultery (recrimination), the court may grant no-fault divorce instead.

Finding Legal Help

If you're considering divorce in Virginia, consulting with an experienced family law attorney can help you understand your rights and options. An attorney can:

Advise you on the best grounds for divorce based on your circumstances
Draft a comprehensive separation agreement protecting your interests
Ensure proper classification and valuation of marital property
Advocate for fair spousal support and child custody arrangements
Navigate complex issues like business valuations, retirement division, and tax consequences
Represent you in court if your divorce becomes contested

To find a qualified family law attorney in Virginia:

Virginia State Bar Lawyer Referral Service: www.vsb.org - 1-800-552-7977
Virginia Lawyer Referral Service: Provides referrals to local family law attorneys
Local Bar Associations: Many Virginia localities have bar associations with referral services

Legal Disclaimer

This guide provides general information about Virginia divorce laws and is not intended as legal advice for any specific situation. Divorce laws are complex and subject to change. Court interpretations and procedural requirements can vary by locality. For advice about your specific case, consult with a licensed Virginia family law attorney who can evaluate your circumstances and provide guidance tailored to your situation.