Getting Divorced in Virginia: A Legal Guide
Virginia divorce law requires at least one spouse to have been a resident for six months before filing, and recognizes both fault-based and no-fault grounds for divorce. The Commonwealth follows equitable distribution principles for dividing marital property, which means assets are divided fairly but not necessarily equally.
Virginia has a mandatory separation period of one year before filing for no-fault divorce (six months if you have no minor children and a written separation agreement). Working with a qualified family law attorney can help protect your rights regarding property division, child custody, and support obligations.
Key Considerations
Scenarios
Decisions
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Relevant Documents
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Virginia Code § 20-91 - Grounds for divorce from bond of matrimony
This statute outlines the legal grounds for divorce in Virginia, including both fault-based grounds (adultery, felony conviction, cruelty, desertion) and no-fault grounds (living separate and apart for at least one year, or six months with a separation agreement if there are no minor children).
Virginia Code § 20-107.3 - Equitable distribution of marital property
This law governs how marital property is divided in Virginia divorces. Virginia follows 'equitable distribution' principles, meaning property is divided fairly but not necessarily equally. The court considers factors like the contributions of each spouse, duration of marriage, and economic circumstances.
Virginia Code § 20-107.1 - Spousal support/alimony
This statute addresses spousal support (alimony) in Virginia. Courts consider numerous factors including the needs and financial resources of each party, the standard of living during marriage, duration of marriage, and each spouse's earning capacity when determining support awards.
Virginia Code § 20-124.2 - Child custody and visitation
This law establishes that child custody decisions in Virginia are made based on the 'best interests of the child' standard. The court considers various factors including the age and physical/mental condition of the child, relationship with each parent, and each parent's ability to cooperate and resolve disputes.
Virginia Code § 20-108.2 - Child support guidelines
This statute provides the mathematical guidelines used to calculate child support in Virginia. Support amounts are primarily based on the combined income of both parents, the number of children, and the custody arrangement, though courts can deviate from guidelines in certain circumstances.
Virginia Code § 20-103 - Temporary support and custody
This law allows for temporary orders regarding spousal support, child support, custody, and use of the marital home while the divorce is pending. These temporary arrangements help maintain stability until the final divorce decree is issued.
Virginia Code § 20-121.02 - No-fault divorce procedures
This statute outlines the procedures for obtaining a no-fault divorce in Virginia, which requires living separate and apart for the statutory period. It's important to understand what constitutes a legal separation in Virginia, as it doesn't require a formal separation agreement.
Regional Variances
Northern Virginia
Fairfax County has its own specific procedures for divorce cases, including mandatory attendance at co-parenting education seminars if minor children are involved. The county also has a more structured discovery process and typically longer wait times for court dates due to the high volume of cases. Fairfax County Circuit Court has specific local rules that must be followed for divorce proceedings.
Arlington County tends to have faster processing times for uncontested divorces compared to other Northern Virginia jurisdictions. The county also has specific requirements for financial disclosures that may differ slightly from neighboring counties. Arlington judges are known to be particularly focused on equitable distribution of assets in high-net-worth divorces.
Alexandria has its own Circuit Court with specific local rules for divorce proceedings. The city requires mandatory mediation for custody disputes before trial dates are set. Alexandria courts are also known to have specific procedures for handling military divorces due to the high concentration of military personnel in the area.
Hampton Roads Region
Virginia Beach has specialized divorce procedures that account for military families, as it's home to several military bases. The courts here have experience with military pension division and deployment-related custody issues. Virginia Beach also has specific local forms that must be used for divorce filings that differ from other jurisdictions.
Norfolk courts have developed specific procedures for handling divorces involving naval personnel. The city has a reputation for stricter enforcement of spousal support guidelines compared to other jurisdictions. Norfolk also has specialized mediation services available through the court for divorce cases.
Richmond Metropolitan Area
Richmond City has its own Circuit Court with specific local rules and procedures for divorce cases. The city courts tend to have more formal procedural requirements than surrounding counties. Richmond also has a dedicated family court docket that can sometimes process cases more efficiently than other jurisdictions.
Henrico County has specific local procedures for divorce filings that differ from neighboring Richmond. The county requires additional documentation for property division compared to some other jurisdictions. Henrico judges are known to strictly adhere to statutory guidelines for child support calculations.
Southwest Virginia
Roanoke County tends to have more conservative approaches to property division and alimony awards compared to urban areas of Virginia. The county has specific local forms and procedures that must be followed. Divorce proceedings in Roanoke may move more quickly due to lower case volumes than in metropolitan areas.
Suggested Compliance Checklist
Determine Eligibility for Divorce in Virginia
1 days after startingBefore filing for divorce in Virginia, ensure you meet the residency requirements. At least one spouse must have been a resident of Virginia for at least 6 months prior to filing. Also, determine if you qualify for a no-fault divorce (separation for at least 1 year, or 6 months if you have no minor children and have a signed separation agreement) or a fault-based divorce (adultery, felony conviction, cruelty, desertion).
Gather Financial Documentation
14 days after startingCollect all financial records including bank statements, tax returns, pay stubs, retirement account statements, property deeds, vehicle titles, mortgage documents, credit card statements, loan documents, and insurance policies. Virginia requires full financial disclosure during divorce proceedings.
Draft Petition for Dissolution of Marriage (Bill of Complaint)
30 days after startingIn Virginia, the divorce process begins with filing a Bill of Complaint (also called Petition for Dissolution of Marriage). This document states the grounds for divorce and what you are requesting regarding property division, child custody, support, etc. The document must be filed in the Circuit Court of the county where either spouse resides.
Prepare Summons
30 days after startingA summons must accompany your Petition to officially notify your spouse of the divorce action. The summons informs your spouse that they must respond to the petition within a specific timeframe (usually 21 days in Virginia).
Serve Divorce Papers
37 days after startingIn Virginia, you must legally serve the divorce papers to your spouse. This can be done through the sheriff's office, a private process server, or in some cases by certified mail. Proper service is crucial for the divorce to proceed.
Prepare Response to Petition (if you're the respondent)
58 days after startingIf you've been served divorce papers, you must file a response (Answer) within 21 days. Failure to respond could result in a default judgment against you. Your response should address each claim in the petition and state your own requests.
Complete Financial Disclosure Declaration
60 days after startingBoth parties must complete and exchange financial disclosure forms. In Virginia, this is typically done through an Income and Expense Statement and a Property and Debt Statement. These documents must be accurate and complete, as providing false information can result in penalties.
Develop Parenting Plan (if children are involved)
75 days after startingIf you have minor children, create a detailed parenting plan that addresses legal and physical custody, visitation schedules, holiday arrangements, transportation, communication between parents, and decision-making authority. Virginia courts prioritize the best interests of the child when approving parenting plans.
Complete Child Support Worksheet
75 days after startingVirginia uses specific guidelines to calculate child support based on both parents' incomes, childcare costs, health insurance expenses, and other factors. Complete the Virginia Child Support Guidelines Worksheet to determine the appropriate amount of support.
Negotiate Marital Settlement Agreement
90 days after startingWork with your spouse (and attorneys if applicable) to create a comprehensive settlement agreement that addresses division of property, debts, spousal support, child custody, and child support. In Virginia, if you can agree on all terms, you may qualify for an uncontested divorce, which is typically faster and less expensive.
Prepare QDRO for Retirement Accounts (if applicable)
100 days after startingIf retirement assets need to be divided, prepare a Qualified Domestic Relations Order (QDRO). This legal document directs a retirement plan administrator to divide retirement benefits between divorcing spouses. Each retirement account typically requires a separate QDRO.
Attend Court Hearings
120 days after startingVirginia may require various hearings throughout the divorce process. For uncontested divorces, you may only need to attend one final hearing. For contested issues, multiple hearings may be necessary. Be prepared to testify under oath about the grounds for divorce and any disputed matters.
Prepare Final Decree of Divorce
150 days after startingDraft the Final Decree of Divorce that incorporates all agreements and court decisions. This document officially ends your marriage and outlines all terms of the divorce including property division, support, and custody arrangements. In Virginia, the judge must sign this document for the divorce to be finalized.
Prepare Wage Withholding Order (if applicable)
160 days after startingIf child support or spousal support is ordered, a Wage Withholding Order may be necessary. This document directs an employer to withhold support payments directly from the paying spouse's wages. In Virginia, wage withholding is typically mandatory for child support.
Update Legal Documents and Records
190 days after startingAfter the divorce is finalized, update your will, powers of attorney, healthcare directives, beneficiary designations on insurance policies and retirement accounts, and other legal documents. Also update your name on official records (if changed), including driver's license, Social Security card, passport, and financial accounts.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Determine Eligibility for Divorce in Virginia | Before filing for divorce in Virginia, ensure you meet the residency requirements. At least one spouse must have been a resident of Virginia for at least 6 months prior to filing. Also, determine if you qualify for a no-fault divorce (separation for at least 1 year, or 6 months if you have no minor children and have a signed separation agreement) or a fault-based divorce (adultery, felony conviction, cruelty, desertion). | - | 1 |
| Gather Financial Documentation | Collect all financial records including bank statements, tax returns, pay stubs, retirement account statements, property deeds, vehicle titles, mortgage documents, credit card statements, loan documents, and insurance policies. Virginia requires full financial disclosure during divorce proceedings. | - | 14 |
| Draft Petition for Dissolution of Marriage (Bill of Complaint) | In Virginia, the divorce process begins with filing a Bill of Complaint (also called Petition for Dissolution of Marriage). This document states the grounds for divorce and what you are requesting regarding property division, child custody, support, etc. The document must be filed in the Circuit Court of the county where either spouse resides. | Petition for Dissolution of Marriage | 30 |
| Prepare Summons | A summons must accompany your Petition to officially notify your spouse of the divorce action. The summons informs your spouse that they must respond to the petition within a specific timeframe (usually 21 days in Virginia). | Summons | 30 |
| Serve Divorce Papers | In Virginia, you must legally serve the divorce papers to your spouse. This can be done through the sheriff's office, a private process server, or in some cases by certified mail. Proper service is crucial for the divorce to proceed. | - | 37 |
| Prepare Response to Petition (if you're the respondent) | If you've been served divorce papers, you must file a response (Answer) within 21 days. Failure to respond could result in a default judgment against you. Your response should address each claim in the petition and state your own requests. | Response to Petition for Dissolution | 58 |
| Complete Financial Disclosure Declaration | Both parties must complete and exchange financial disclosure forms. In Virginia, this is typically done through an Income and Expense Statement and a Property and Debt Statement. These documents must be accurate and complete, as providing false information can result in penalties. | Financial Disclosure Declaration | 60 |
| Develop Parenting Plan (if children are involved) | If you have minor children, create a detailed parenting plan that addresses legal and physical custody, visitation schedules, holiday arrangements, transportation, communication between parents, and decision-making authority. Virginia courts prioritize the best interests of the child when approving parenting plans. | Parenting Plan | 75 |
| Complete Child Support Worksheet | Virginia uses specific guidelines to calculate child support based on both parents' incomes, childcare costs, health insurance expenses, and other factors. Complete the Virginia Child Support Guidelines Worksheet to determine the appropriate amount of support. | Child Support Worksheet | 75 |
| Negotiate Marital Settlement Agreement | Work with your spouse (and attorneys if applicable) to create a comprehensive settlement agreement that addresses division of property, debts, spousal support, child custody, and child support. In Virginia, if you can agree on all terms, you may qualify for an uncontested divorce, which is typically faster and less expensive. | Marital Settlement Agreement | 90 |
| Prepare QDRO for Retirement Accounts (if applicable) | If retirement assets need to be divided, prepare a Qualified Domestic Relations Order (QDRO). This legal document directs a retirement plan administrator to divide retirement benefits between divorcing spouses. Each retirement account typically requires a separate QDRO. | Qualified Domestic Relations Order (QDRO) | 100 |
| Attend Court Hearings | Virginia may require various hearings throughout the divorce process. For uncontested divorces, you may only need to attend one final hearing. For contested issues, multiple hearings may be necessary. Be prepared to testify under oath about the grounds for divorce and any disputed matters. | - | 120 |
| Prepare Final Decree of Divorce | Draft the Final Decree of Divorce that incorporates all agreements and court decisions. This document officially ends your marriage and outlines all terms of the divorce including property division, support, and custody arrangements. In Virginia, the judge must sign this document for the divorce to be finalized. | Final Decree of Divorce | 150 |
| Prepare Wage Withholding Order (if applicable) | If child support or spousal support is ordered, a Wage Withholding Order may be necessary. This document directs an employer to withhold support payments directly from the paying spouse's wages. In Virginia, wage withholding is typically mandatory for child support. | Wage Withholding Order | 160 |
| Update Legal Documents and Records | After the divorce is finalized, update your will, powers of attorney, healthcare directives, beneficiary designations on insurance policies and retirement accounts, and other legal documents. Also update your name on official records (if changed), including driver's license, Social Security card, passport, and financial accounts. | - | 190 |
Frequently Asked Questions
To file for divorce in Virginia, either you or your spouse must have been a resident of Virginia for at least six months prior to filing. This residency requirement must be met regardless of the grounds for divorce you're pursuing.
Virginia recognizes both fault-based and no-fault divorces. For a no-fault divorce, you must live separate and apart for at least one year (or six months if you have no minor children and have a written separation agreement). Fault-based grounds include adultery, felony conviction, cruelty, desertion, and abandonment.
Virginia follows 'equitable distribution' laws, which means marital property is divided fairly but not necessarily equally. The court considers factors such as each spouse's contributions to the family, duration of the marriage, age and health of each spouse, and each person's financial circumstances when dividing assets and debts.
Child custody decisions in Virginia are based on the 'best interests of the child' standard. The court considers factors such as the age and health of the child, relationship with each parent, each parent's role in the child's upbringing, and the willingness of each parent to support the child's relationship with the other parent.
Virginia uses statutory guidelines to calculate child support based primarily on the parents' combined income, the number of children, and the custody arrangement. Other factors like health insurance costs, work-related childcare expenses, and extraordinary medical expenses are also considered.
Yes, Virginia courts may award spousal support based on factors including the duration of the marriage, standard of living established during the marriage, each spouse's financial resources, contributions to the family, and the time necessary for the recipient spouse to become self-sufficient.
The timeline varies based on whether it's contested or uncontested. An uncontested divorce with a separation agreement can be finalized in as little as 2-3 months after the waiting period. Contested divorces can take 6-12 months or longer, depending on the complexity of issues and court schedules.
While not legally required, hiring a lawyer is advisable, especially for complex cases involving children, significant assets, or disputed issues. If your divorce is uncontested with a clear agreement on all issues, you might be able to use online resources or legal document services, though having an attorney review any agreements is still recommended.
A separation agreement is a legally binding contract that outlines how issues like property division, debt allocation, child custody, support, and alimony will be handled. While not required, having one can simplify your divorce process, potentially reduce costs, and allow you to qualify for the shorter six-month separation period if you have no minor children.
Legally, dating during separation is not prohibited, but it could potentially complicate your divorce, especially if adultery is alleged as grounds for divorce. Dating during separation could also negatively impact custody decisions or financial settlements in some cases. It's advisable to consult with your attorney before beginning a new relationship.