Ending a marriage in Virginia is a legal proceeding with fixed statutory requirements and a defined sequence. It is also the most consequential financial and parental decision most people will make. A Virginia family law case has to be handled with both in mind.
Consultations are by request. Spanish-language assistance is available.
Law Offices Of SRIS, P.C. was founded in 1997 and practices family law in Virginia.
This page sets out what Virginia law requires — residency, separation, grounds, the division of property, how support is calculated, and which court hears which question — so you can see the structure of your case before you commit to a course of action.
To discuss your situation, call (888) 437-7747 to request a consultation.
Five requirements govern the front end of every Virginia divorce. They are not discretionary, and a case filed without them is subject to dismissal.
At least one spouse must have been a bona fide resident and domiciliary of the Commonwealth for at least six months immediately preceding the filing. A service member stationed in Virginia may satisfy this through that service; the analysis is fact-specific.
For a no-fault divorce, spouses must live separate and apart, without cohabitation and without interruption, for one year. That drops to six months where there are no minor children and a written separation agreement resolves the issues.
Virginia recognizes no-fault and fault grounds — adultery, sodomy or buggery outside the marriage, a qualifying felony conviction, cruelty, reasonable apprehension of bodily hurt, and willful desertion. Fault does not automatically change the outcome, but it can affect spousal support and, in some cases, equitable distribution.
A divorce suit is filed in the Circuit Court where the parties last cohabited or, at the plaintiff's option, where the defendant resides. Where neither applies — including where the defendant is not a Virginia resident — venue falls under the general venue statutes and should be confirmed before filing.
No divorce may be granted on the uncorroborated testimony of the parties. Grounds must be corroborated by other evidence. This requirement surprises people in otherwise agreed cases and is a common reason a final decree stalls.
Residency, the separation date, and venue are usually settled in a single conversation.
Virginia splits family law between two trial courts, and filing in the wrong one costs time. The distinction matters more than most people expect.
Exclusive jurisdiction over divorce. Once a divorce suit is pending, the Circuit Court also decides custody, visitation, spousal support, child support, and equitable distribution as part of that suit.
Hears custody, visitation, child support, and family-abuse protective orders when no divorce is pending — including cases between parents who were never married. A JDR ruling may be appealed to Circuit Court and heard de novo.
If you are not seeking a divorce and need a custody or support order, your case begins in JDR. If you are divorcing, those questions travel with the divorce suit in Circuit Court.
An uncontested divorce is one in which the parties have resolved every issue — property, debt, support, and custody — in a written agreement. Once the separation period has run it can often proceed on affidavit without a courtroom appearance.
A contested divorce moves through pleadings, discovery, pendente lite motions, negotiation or mediation, and, if issues survive, trial. Many contested cases resolve by agreement before trial. Cases are prepared for trial regardless of how likely settlement appears.
Virginia has no filing that creates "legal separation" as a status. Separation begins when spouses live separate and apart with the intent that the marriage is over, and it is a question of fact.
A property settlement agreement is a binding contract that can resolve property division, debt allocation, spousal support, custody, and child support before a judge is ever asked to rule. It is later affirmed, ratified, and incorporated into the final decree — and it shapes much of what follows in the case.
Virginia does not presume in favor of either parent. Custody and visitation are decided under the best interests of the child standard, and Va. Code § 20-124.3 lists the factors a court must consider — the age and condition of the child and each parent, each parent's role in upbringing, each parent's willingness to support the child's relationship with the other parent, and the reasonable preference of a child of suitable age and understanding.
Legal custody is decision-making authority over health, education, and welfare. Physical custody is where the child lives. Also handled: parenting plans, supervised visitation, relocation petitions, grandparent and third-party visitation, emergency and pendente lite custody, interstate custody under the UCCJEA (Va. Code § 20-146.1 et seq.), and modification.
Virginia child support is calculated from a statutory schedule under Va. Code § 20-108.2, applied to combined gross income and shared between the parents in proportion to their incomes, with adjustments for health insurance, work-related child care, and the number of days of custody.
The guideline figure is presumptively correct. A court may deviate from it, but must state its reasons in writing. Also handled: establishing support, modification, arrears, wage withholding, and enforcement by show cause.
Virginia has no formula for spousal support at final hearing. A court weighs the factors in Va. Code § 20-107.1 — the obligations and needs of each party, the standard of living established during the marriage, its duration, the age and condition of the parties, monetary and non-monetary contributions to the family, and earning capacity.
Where adultery is established as a ground for divorce, § 20-107.1(B) bars an award of permanent spousal support unless the court determines from clear and convincing evidence that denial would constitute a manifest injustice. That bar does not extend to temporary support ordered pendente lite.
Virginia is an equitable distribution state under Va. Code § 20-107.3. Equitable does not mean equal. The court classifies each asset and debt as marital, separate, or part-marital and part-separate; determines its value; and then distributes it using the statutory factors.
This work covers the marital residence, retirement accounts and pensions divided by QDRO, military retired pay, closely held business interests, stock options and restricted stock, investment accounts, and marital debt. Tracing commingled separate property is frequently where the real dispute lives.
Virginia provides emergency protective orders, preliminary protective orders, and protective orders under Va. Code §§ 16.1-253.4, 16.1-253.1, and 16.1-279.1, heard in JDR District Court. These matters are handled from either side, and they carry consequences for custody, firearm possession, and residence in the marital home. They move on short timelines.
Military divorce. Division of military retired pay, the Servicemembers Civil Relief Act, Survivor Benefit Plan elections, and residency questions for service members stationed in Virginia but domiciled elsewhere.
Paternity. Establishment and disestablishment under Va. Code § 20-49.1, including genetic testing and the effect of an acknowledgment of paternity.
Prenuptial and postnuptial agreements. Premarital agreements under Va. Code § 20-147 et seq. and marital agreements under § 20-155.
Guardianship, kinship care, and enforcement. Guardianship of a minor, third-party custody petitions by relatives, and show cause proceedings where a court order has not been followed.
STEP 01
The parties live separate and apart with intent to end the marriage. Document the date — it fixes the separation clock and generally marks the cutoff for acquiring marital property.
STEP 02
The plaintiff files in the Circuit Court of proper venue, stating grounds and requested relief.
STEP 03
The defendant is served with the complaint and summons.
STEP 04
The defendant has 21 days to answer, and may file a counterclaim asserting separate grounds.
STEP 05
Either party may seek temporary orders under Va. Code § 20-103 — temporary support, custody, use of the residence, and payment of debts while the case is pending.
STEP 06
Financial disclosures, interrogatories, requests for production, subpoenas, and depositions. Valuation and tracing work is done here.
STEP 07
Many cases resolve at this stage into a written agreement.
STEP 08
Any issue not resolved is tried to the court.
STEP 09
The judge enters the Final Decree of Divorce, incorporating the agreement or the court's rulings. The marriage ends on entry.
Write down when you began living separate and apart with the intent to end the marriage, and what evidence supports it.
Three years of tax returns, pay stubs, bank and credit card statements, retirement and investment statements, mortgage and loan documents, business financials.
Note when and how each item was acquired. Anything owned before the marriage, or received by gift or inheritance, may be separate property — but only if it can be traced.
Custody schedule, housing, income, specific assets. A clear statement of priorities shapes strategy far more than a general request to do as well as possible.
Assume that anything you publish online will be read by opposing counsel and shown to a judge.
Family law matters on this domain are handled by attorneys admitted in Virginia.
Owner and Founder · Former Prosecutor
Founded the firm in 1997 and practices in family law and criminal defense. Previously served as a prosecutor. Testified in support of Virginia House Bill 635, for which the chief patron was Delegate David Bulova.
Law Offices Of SRIS, P.C. handles Virginia family law matters in Circuit Courts and Juvenile and Domestic Relations District Courts across the Commonwealth.
Fairfax · Arlington · Loudoun · Prince William · Alexandria
Virginia Beach · Norfolk · Chesapeake · Newport News · Hampton · York County · James City County · Poquoson · Isle of Wight County
Henrico · Chesterfield · Goochland · Powhatan · New Kent · Louisa · Fluvanna · Colonial Heights · Prince George · Dinwiddie · King William
Roanoke County · Rockingham County · Fauquier County · Rappahannock County
The questions that come up most often about Virginia divorce, custody, and support — answered with the statute that governs.
Six months. Va. Code § 20-97 requires that at least one spouse have been a bona fide resident and domiciliary of the Commonwealth for at least six months immediately preceding the filing.
One year of living separate and apart without cohabitation and without interruption. Six months if you have no minor children and have signed a written separation agreement. Va. Code § 20-91(9)(a).
Yes. Va. Code § 20-91 provides for adultery, sodomy or buggery committed outside the marriage, conviction of a felony after the marriage with confinement for more than one year where cohabitation has not been resumed, cruelty, reasonable apprehension of bodily hurt, and willful desertion or abandonment — alongside the no-fault separation ground.
No. Virginia is an equitable distribution state under Va. Code § 20-107.3. Marital property is divided fairly according to statutory factors, which may or may not produce an even split. Separate property is not divided at all.
There is no formula at final hearing. A court applies the factors in Va. Code § 20-107.1. Where adultery is established as a ground for divorce, § 20-107.1(B) bars permanent spousal support unless the court finds from clear and convincing evidence that denial would be a manifest injustice. That bar does not extend to temporary support ordered pendente lite.
From the statutory schedule in Va. Code § 20-108.2, applied to the parents' combined gross income and shared in proportion to their incomes, with adjustments for health insurance, work-related child care, and custody arrangement. The guideline amount is presumptively correct; deviation requires written findings.
The Juvenile and Domestic Relations District Court, unless a divorce is pending — in which case the Circuit Court decides custody as part of the divorce suit. A JDR decision may be appealed to Circuit Court and heard de novo.
Yes, if you meet the six-month residency requirement. Venue in that situation is determined under the general venue statutes rather than Va. Code § 8.01-261(19). Whether a Virginia court can enter orders binding on your spouse personally — for support or for out-of-state property — depends on personal jurisdiction, which is a separate question from residency.
Legal custody is the authority to make major decisions about a child's health, education, and welfare. Physical custody is where the child lives. Parents often share joint legal custody while one has primary physical custody.
One attorney cannot represent both spouses; the interests are adverse by definition. Even in a fully agreed case, a separation agreement allocates property, support, and parenting rights permanently, and it is difficult to undo. Independent review before signing is advisable.
It depends on whether issues are contested and on the complexity of the assets. An uncontested case with a signed agreement is substantially less than a contested case requiring discovery, valuation testimony, and trial. Fee structure is discussed at the consultation.
A hearing for temporary relief while the divorce is pending, under Va. Code § 20-103 — temporary custody, support, exclusive use of the residence, and allocation of debt payments until the case concludes.
Call Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation about your Virginia family law matter. Spanish-language assistance is available.
