Virginia has a formal and complex divorce process that still places legal weight on fault-based grounds. Whether you live in Richmond, Virginia Beach, or a smaller county, understanding the legal standards and waiting periods can make all the difference.
Residency Requirements in Virginia
To file for divorce in Virginia, one spouse must have been a resident of the state for at least six months prior to filing. Members of the military stationed in Virginia also meet this requirement if they’ve been present for six months or more.
No-Fault and Fault-Based Divorce
Virginia permits both no-fault and fault-based divorces. No-fault requires one year of separation, or just six months if there are no minor children and a signed agreement. Fault grounds include adultery, cruelty, desertion, and conviction of a felony. Fault can influence alimony and property division.
Filing and Separation Rules
The process begins with filing a Complaint for Divorce in the Circuit Court. In no-fault cases, spouses must have lived "separate and apart" for the required time before filing. For fault-based divorce, there is no waiting period before filing, but the burden of proof is high.
Virginia allows immediate filing on fault grounds like adultery or cruelty — but requires one full year of separation for no-fault divorce with minor children.
Equitable Distribution of Property
Virginia uses an equitable distribution system. Marital property is divided based on fairness, not 50/50. Courts consider the duration of the marriage, contributions, tax impacts, and each spouse’s income. Separate property is excluded unless commingled.
Spousal Support (Alimony)
Spousal support is based on earning capacity, financial need, and marital conduct. Virginia courts may award temporary, rehabilitative, or permanent alimony. Proven adultery generally bars the offending spouse from receiving support, unless denial would be unfair.
Child Custody and Parenting Plans
Custody decisions focus on the best interests of the child. Parents are encouraged to submit a parenting plan, and courts consider the ability to co-parent, home stability, and emotional bonds. Both joint and sole custody are options.
Child Support Guidelines
Virginia calculates child support using formulas based on gross income, custody time, and number of children. Health insurance, childcare, and educational expenses are included. Support orders can be modified after material changes in circumstance.
- Residency: 6 months prior to filing
- No-fault requires separation of 6–12 months
- Fault grounds include adultery, cruelty, and abandonment
- Equitable distribution excludes separate property
- Adultery may bar alimony unless manifest injustice would result
Unlike many states, Virginia allows a spouse proven to have committed adultery to be barred from receiving spousal support — even if they have financial need.
Virginia’s divorce process is precise and legally intensive. From fault-based filings to the weight given to marital conduct, understanding the rules is essential to protecting your assets, your time, and your future.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Virginia divorce papers or browse Virginia divorce lawyers to get the help you need.