Virginia Family Law Resources

Virginia Divorce Process

A couple in Virginia who wants to divorce must first separate for at least one year. A couple without children and who have entered into a settlement agreement must be separated for at least six months. No forms or formal process is necessary to separate, but a Complaint for Divorce must be filed once the waiting period is over.

As a “no-fault” divorce state, Virginian couples can file without giving a reason. However, should they choose, they can file a fault-based divorce. Divorces may be uncontested or contested, depending on whether the couple can agree on divorce terms.

What is a Settlement Agreement?

A settlement agreement is a written contract between two parties that sets forth the rights, duties, and obligations arising from their separation and divorce.

• Property division
• Spousal support
• Child custody
• Child support
• Attorney’s fees

Settlements are encouraged since this facilitates the divorce process and helps both parties to agree amicably.

Related Information: Virginia Divorce Laws – FAQs About Divorce in Virginia

Virginia Residency Requirements

In order to file for divorce in Virginia, you or your spouse must have been a resident of Virginia for at least six months immediately prior to the time of the filing of the Complaint. The spouse who files the papers for dissolution must file in the county where the other party resides. They can ask the court to transfer the case.

Grounds for Divorce in Virginia

There are two types of divorce in Virginia.

Divorce From Bed and Board

• A partial or qualified divorce occurs when two spouses legally separate but are not permitted to marry another person.
• Either party can ask the court to have that decree “merged” into a divorce from the bond of matrimony after one year from the time of separation.
• Even if spouses agree a marriage should be ended, “grounds” (valid reasons for divorce prescribed by law) must exist and be proved to the court. Valid grounds include:
  • Willful desertion (abandonment)
  • Cruelty
  • Reasonable apprehension of bodily harm

Divorce From the Bonds of Matrimony

• A divorce from the bond of matrimony is an absolute divorce that ends the marriage.
• Grounds for this type of divorce include:
  • Adultery or sodomy
  • Conviction of a felony
  • One year after desertion or cruelty
  • One year of separation (parties must live consistently apart for over one year)
  • Six months of separation with a signed settlement agreement and no minor children

Spouses seeking a divorce in court must prove and corroborate the grounds for divorce. The proof is usually the spouse’s testimony. Adultery has the highest burden of proof in a divorce, requiring clear and convincing evidence and also requires corroborating evidence.

Related Article: How Fault Factors Into Divorce in the U.S.

Virginia Property Division Process

Virginia statutes provide for the “equitable” distribution of the marital property of the marriage at the time of the final divorce between the parties.

Marital Property

• All jointly-owned property
• Any other property acquired during the marriage up to the time of the final separation

Separate Property

• Property owned by one party at the time of marriage
• Inherited property or gifts given by a third party (and maintained separately)

Partial Property

The property may be classified as “part marital” and “part separate” property when:

• Marital property and separate property are mixed
• Separate property is increased through the active efforts of either party during the marriage

Equitable Distribution

Virginia has equitable distribution, which does not necessarily mean the court will divide the marital property equally. Courts are authorized to:

• Make monetary awards to one party
• Divide property
• Order the sale of property
• Transfer joint property to one party

In determining an equitable division of marital property, the court considers a list of required factors, including:

• The relative monetary and non-monetary contributions of each of the parties to the well-being of the family
• Who acquired and cared for the marital property

Pensions and retirement plans are subject to equitable distribution to the extent that they were accumulated during the marriage.

Related Article: Asset Division and Property Division

Virginia Child Custody Laws

Child custody is a crucial issue in many divorces. In determining the custody of minor (under 18) children, the court is guided by one standard: the best interests of the child.

Custody will not be given to a parent as a reward or as punishment to the guilty parent. Custody is granted based on the judge’s assessment of who will most likely meet the child’s best interests. Factors considered include, but are not limited to:

• Age of each parent
• Age of child
• Physical and mental condition of parents
• Relationship between each parent and child
• Needs of the child
• Role of each parent in child’s upbringing and care
• Home where the child will live
• Child’s wishes (if considered mature enough to have input)

Custody may be changed if there is a significant change in circumstances. The court will also set visitation rights during this time.

Related Article: Custody Battle: 10 Things That Can Sabotage Your Case

Virginia Child Support

Normally, the noncustodial parent will pay child support for minor children. The court is guided by:

• Virginia Child Support Guidelines (but the court may deviate from these guidelines in appropriate circumstances based on a list of factors, including the needs of the child)

The judge can increase or decrease support orders if a material change in circumstances occurs for either parent.

Non-custodial parents who have their children for more than 90 days per year for visitation have their child support calculated using a different formula that is likely to make that support lower.

Related Article: Virginia Child Custody Questions

Virginia Spousal Support

Spousal support, also referred to as “alimony,” is payments from one spouse to the other. Alimony is not awarded to punish a guilty spouse but instead is to lessen the financial impact of divorce on the other spouse in financial need. It is paid as:

• Set payments for a defined period of time
• Set payments for an indefinite time frame
• A lump sum
• Any combination of these three

The amount and duration of spousal support will depend upon a list of factors the judge is required to consider, including:

• Each spouse’s age
• Each party’s assets
• Earning potential of the parties
• Duration and history of the marriage

Under Virginia law, where the grounds of divorce are adultery or sodomy on the part of the spouse seeking spousal support, said spouse will be barred from obtaining spousal support except in cases of manifest injustice.

Related Article: Will I Have To Pay Alimony?

Why Work With Cordell & Cordell

Since 1990, Cordell & Cordell has committed itself to championing men’s rights. We’ve seen firsthand how men face bias in the family court system, and our philosophy is rooted in righting these wrongs.

Our aggressive family law attorneys will take your case to court if you aren’t getting fair treatment. We feel our duty is to protect, advocate, and fight for you in an unfair system. We will do all we can to protect you, your children, and your interests.

“Everything [my attorney] had done for me was exceptional, between working weekends and nights. She had gone above and beyond the call on many fronts.” — Zach E.

“Everything was exceptional. I have no complaints whatsoever. [My attorney] is superhuman.” — Jon C.

Supporting Virginia Fathers & Husbands At Every Step

Cordell & Cordell is a law firm dedicated to helping men with various family law issues. If you are facing a divorce, child custody, support, or other domestic issue, we’re here for you. To schedule your consultation with one of our divorce attorneys, call us at 866-DADS-LAW (323-7529) or fill out our online contact form.

*This page serves as a resource and is not to be taken as legal advice.