Virginia divorce laws require at least one spouse to have lived in the state for the last six months in order to file a “no fault” divorce in VA. If the couple does not have any children under the age of 18, have been living in different households at least six months, and have both signed a separation agreement, they can legally file for divorce after six months of separation. If the couple does have children that are minors, they must wait a minimum of one year to file after separating.

There are two types of divorce in Virginia, a divorce from bed and board (a mensa et thoro) and a divorce from the bonds of matrimony (a vincula matrimonii).

When a divorce from bed and board is granted, a husband and wife are legally separated from each other but are not permitted to remarry. When a divorce from the bonds of matrimony is granted, the divorce is complete and absolute. Either party that is granted a divorce from bed and board may ask the Court to “merge” the decree into a divorce from the bonds of matrimony after at least one year from the date of separation.

In Virginia, you must have a ground or grounds for divorce and the party seeking the divorce must prove the ground(s) to the Court. The grounds for a divorce from bed are: (1) willful desertion or abandonment, and (2) cruelty and reasonable apprehension of bodily harm.

The grounds for a divorce from the bonds of matrimony are: (1) living separate and apart for one year (or six months where there are no children and the parties have entered into a Property Settlement Agreement), (2) adultery, sodomy, or buggery, (3) conviction of a felony, (4) willful desertion or abandonment after a one year period, and (5) cruelty and reasonable apprehension of bodily harm after one year from the date of the cruel acts.

When you are getting a divorce, you will most likely have to pay for attorney’s fees and court filing fees. Depending on the facts of your case, the court may order you to pay spousal support (alimony), child support, or other money to your spouse to divide your property. Courts in Virginia are also authorized to order you to pay a portion, or all, of your spouse’s attorney’s fees depending on the relative financial abilities of each party and certain facts in your case.

One of the issues that can affect the cost of a divorce is whether you and your spouse are agreeable to issues concerning the custody of your children, child support, spousal support, and the division of martial property and debts.

When dividing assets in the state of Virginia during a divorce, equitable distribution laws come into play. This does not mean assets are split 50/50 but instead are divided “fairly” between partners in regard to the finances of the couple. If a mutual agreement cannot be made between parties, the court will have the deciding factor.

While you are not required to have an attorney, you will be held to the same standards, rules, and procedures that attorneys have to follow and you will not be given any special treatment or assistance in the courtroom. You will be required to know and understand all of the applicable statutes and case law, rules of evidence, and the specific court’s rules.

Yes. Desertion, cruelty, adultery, and felonies with confinement of at least one year are all fault-based grounds for divorce. The only non-fault ground in Virginia is living separate and apart for one year (or six months if you have no minor children and have signed a Property Settlement Agreement). The reason for dissolution of the marriage is also a factor that must be considered by the Court in deciding property division.