Are you planning to file for divorce in Virginia? What are the residency and separation requirements? Where do you file? Learn about Virginia divorce law, including no-fault divorce, property division, alimony, and child custody and support.
updated November 21, 2023 · 6min read
Whether you live in Virginia or elsewhere, divorce for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If one of them will be unable to be self-supporting after the divorce, the issue of alimony may arise. If there are minor children, they will also need to resolve issues of child custody and support.
Residency and where to file
In order to file for divorce in Virginia, either you or your spouse must be domiciled in Virginia for at least six months. Your domicile is your primary residence. You may be a resident of more than one state, but may only have one domicile (where you have your driver’s license, car and voter registration, etc.). If you are the one filing for divorce, you may file in Circuit Court in the county where your spouse lives, or where you and your spouse last lived together. If your spouse is not a Virginia resident, you will file in the county where you reside.
Procedures
The simplest procedure is an uncontested divorce where you and your spouse can reach an agreement about all issues. You begin by filing a Complaint for Divorce, along with various supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Divorce.
Grounds for divorce
Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Virginia, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds.
To get a no-fault divorce in Virginia you need to state in the Complaint for Divorce either that “the parties have been living separate and apart without cohabitation for one year,” or “the parties have been living separate and apart without cohabitation for six months, without interruption, there are no minor children, and the parties have entered into a separation agreement.”
The fault-based grounds for divorce are: adultery (including homosexual acts, but no divorce is allowed if there is cohabitation after knowledge of the acts, or if the case is not filed within one year); conviction of a felony and imprisonment for one year (and no cohabitation after knowledge of the felony); or “where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other.” However, in most cases, there is no reason to use any of these, since they add complexity to the process by requiring proof.
Property division
A divorce involves dividing property and debts between you and your spouse. Generally, each party will keep his or her separate property, which is property:
All other property is marital property. In the absence dividing marital property the judge must consider the following factors:
Alimony in Virginia
Alimony is referred to as maintenance or support in Virginia. Absent an agreement of the parties, the court will determine whether to grant maintenance, as well as the amount and duration of maintenance, based on consideration of the following factors:
Child custody in Virginia
If you and your spouse have any minor children, there will have to be a custody determination. This is basically a matter of figuring out how the children’s time will be divided between the parents, and how decisions will be made. If you and your spouse cannot reach a custody agreement, the judge will decide the issue, after considering the following factors:
Child support in Virginia
Child support is determined by reference to the Virginia Child Support Guidelines.
Miscellaneous matters
A party’s former name may be restored if it was changed when married.
Filing a divorce can be a complex process, but if you and your spouse can agree on the terms of the divorce you may be able to save time. Following these steps will help you get started.
If you are considering an online divorce, LegalZoom can help you get the divorce documents you need. We help you fill out the paperwork and check it for completeness and accuracy, and provide step-by-step instructions for filing and completing your divorce.
by Edward A. Haman, Esq.
Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. He has practiced law in H...
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