Virginia Divorce Laws – What You Need to Know

If you’re thinking about ending your marriage in Virginia, the first thing you’ll wonder is how the process works. The good news is that Virginia law is pretty straightforward. You don’t need a law degree to get started – just a clear idea of the steps, the paperwork, and the main issues the courts look at.

How to File for Divorce in Virginia

First, make sure you meet the residency requirement. Either you or your spouse must have lived in Virginia for at least six months before filing. Once that’s set, you’ll file a “Complaint for Divorce” in the circuit court of the county where either spouse lives. The complaint states why you want a divorce and what you’re asking for – things like property division, child support, or spousal support.

After filing, you’ll pay a filing fee (usually a few hundred dollars) and serve the papers to your spouse. If your spouse agrees to the divorce, you can file a “Joint Petition for Divorce,” which speeds things up. If not, the case becomes contested and may go to trial.

Virginia recognizes two main types of divorce: "no-fault" and "fault". No‑fault divorce works if you and your spouse have been living apart for at least one year, or if you’ve been separated for six months and both agree the marriage is over. Fault divorces require proving reasons like adultery, desertion, or cruelty, and they can affect property and support decisions.

Key Issues the Court Handles

Property Division: Virginia follows an "equitable distribution" rule. That means the court splits marital assets fairly, not necessarily 50/50. It looks at each spouse’s contribution, the length of the marriage, and each person’s financial situation. Keep records of all assets, debts, and income – it makes the division smoother.

Child Custody & Support: The court’s priority is the child’s best interest. Custody can be "sole" (one parent) or "joint" (both parents share decisions). Virginia law encourages joint legal custody unless there’s a safety concern. Child support is calculated using the state’s guidelines, which consider both parents’ incomes, the child’s needs, and the amount of time each parent spends with the child.

Spousal Support: Also called alimony, it’s not automatic. The court looks at the length of the marriage, each spouse’s earning ability, and any sacrifices made (like staying home to raise kids). Short‑term marriages often don’t result in support, while long‑term marriages might.

Finally, don’t forget the paperwork. Fill out the “Virginia Divorce Forms” correctly, keep copies, and track deadlines. If you’re unsure, a family‑law attorney can review your forms and advise on strategy.

Divorce can feel overwhelming, but knowing the steps and what the court cares about helps you stay in control. Whether you’re filing jointly or fighting a contested case, Virginia’s process is designed to move you toward a clean break while protecting children and ensuring a fair split of assets. If you need extra help, the Virginia State Bar offers free resources, and many local legal aid societies provide low‑cost advice.

Ready to take the next step? Start by checking your residency, gathering financial documents, and deciding if a joint or contested filing fits your situation. With the basics covered, you can approach the court confidently and focus on building your next chapter.