Code of Virginia Title 20, Chapter 6 - Divorce, Affirmation, and Annulment

Virginia allows both fault and no-fault divorce. No-fault grounds require living separate and apart for one year (or six months if there are no minor children and the parties have a written separation agreement). Fault grounds include adultery, sodomy or buggery outside the marriage, felony conviction with confinement over one year, cruelty, reasonable apprehension of bodily hurt, and willful desertion for one year.

Effective: 2024

A divorce from bed and board (legal separation) may be granted for cruelty, reasonable apprehension of bodily hurt, willful desertion, or abandonment. This type of divorce formally separates the spouses and their property but does not dissolve the marriage — neither party may remarry. A bed-and-board decree can later be merged into a final divorce.

Effective: 2024

At least one spouse must have been an actual bona fide resident and domiciliary of Virginia for at least six months before filing for divorce. Military members stationed in Virginia for six months or more are presumed to meet the residency requirement. Either spouse may establish a separate domicile upon separation.

Effective: 2024

A divorce cannot be granted on the ground of adultery if the spouse filing voluntarily resumed cohabitation after learning of the adultery, or if more than five years have passed since the act. This statute sets a statute of limitations and a forgiveness bar for adultery-based fault grounds.

Effective: 2024

Virginia is an equitable distribution state. The court classifies all property as separate, marital, or hybrid (part separate/part marital), then values and distributes it fairly — but not necessarily equally. The court considers 11 factors including each spouse's monetary and nonmonetary contributions, the duration of the marriage, the circumstances that led to the divorce, tax consequences, and dissipation of marital assets. The court can award monetary payments, order division of jointly owned property, and apportion marital debts.

Effective: 2024

When a final divorce is granted, all contingent rights either spouse has in the other's real and personal property are extinguished. Property held as tenants by the entirety (a form of joint ownership available only to married couples) is automatically converted to tenancy in common, meaning neither spouse retains survivorship rights.

Effective: 2024

Upon entry of a final divorce or annulment decree, any revocable beneficiary designation naming the former spouse in a life insurance policy, annuity, retirement plan, or other death benefit contract is automatically revoked. The benefit is paid as if the former spouse predeceased the owner. Exceptions apply when a written agreement or the divorce decree provides otherwise, or when federal law (such as ERISA for 401(k) plans) preempts state law.

Effective: 2024

The court gives primary consideration to the best interests of the child when determining custody. There is no presumption favoring any particular custody arrangement — the court may award joint legal custody, joint physical custody, sole custody, or any combination. There is also no presumption in favor of either parent. The court shall ensure children have frequent and continuing contact with both parents when appropriate. Courts may use the term 'parenting time' synonymously with 'visitation.'

Effective: 2024

Virginia courts consider 10 factors to determine a child's best interests: (1) the child's age and developmental needs, (2) each parent's physical and mental condition, (3) each parent's relationship with the child and ability to meet the child's needs, (4) the child's important relationships including siblings and extended family, (5) each parent's role in the child's upbringing, (6) each parent's willingness to support the child's relationship with the other parent, (7) each parent's ability to cooperate and resolve disputes, (8) the child's reasonable preference if of suitable age, (9) any history of family abuse, sexual abuse, child abuse, or violence, and (10) any other relevant factors.

Effective: 2024

Any parent subject to a custody or visitation order must give 30 days' advance written notice to the court and the other parent before relocating or changing their address. This applies to both custodial and noncustodial parents. If the parents cannot agree on modified custody arrangements after a proposed relocation, the relocating parent must petition the court for permission, and the court applies a two-prong test: the move must be in the child's best interests and must not substantially impair the other parent's relationship with the child.

Effective: 2024

When granting a divorce, the court may enter orders regarding custody, visitation, and child support. The court retains continuing jurisdiction and may revise its orders at any time upon petition of either parent when a material change in circumstances occurs and modification would serve the children's best interests.

Effective: 2024

The court may award spousal support in periodic payments (for a defined or undefined duration), as a lump sum, or any combination. The court considers 13 factors including each party's financial resources, the marital standard of living, the marriage's duration, each party's age and health, contributions to the marriage, earning capacity, and the circumstances that led to the divorce. No permanent spousal support may be awarded to a spouse who committed adultery, unless denial would be a manifest injustice based on the parties' relative fault and economic circumstances.

Effective: 2024

Virginia uses an income shares model for child support. Both parents' gross incomes are combined and a basic support obligation is calculated from a statutory schedule based on the combined income and number of children. The obligation is then divided proportionally between the parents based on their respective incomes. 'Gross income' includes income from all sources — wages, self-employment, investments, pensions, and spousal support received. Deductions include spousal support paid and half of self-employment tax.

Effective: 2024

There is a rebuttable presumption that the amount calculated under the child support guidelines (§20-108.2) is the correct amount of support. A court may deviate from the guidelines only upon written findings that applying them would be unjust or inappropriate. The court may also order a party to maintain existing life insurance for the children's benefit and may order vocational evaluations when a party's earning capacity or voluntary unemployment is in dispute.

Effective: 2024

Spousal support automatically terminates upon the death of either party or the remarriage of the receiving spouse (unless a written agreement provides otherwise). Support also terminates if the receiving spouse has cohabited with another person in a relationship analogous to marriage for one year or more, unless termination would be unconscionable. Either party may petition for modification of support by proving a material change in circumstances not contemplated when the award was made. The payor spouse reaching full retirement age is considered a material change.

Effective: 2024

Virginia uses a presumptive formula for temporary (pendente lite) spousal support. If the parties have minor children, the amount is 26% of the payor's gross monthly income minus 58% of the payee's gross monthly income. If no minor children, it is 27% of the payor's income minus 50% of the payee's income. The court may deviate from this formula for good cause shown based on the parties' financial circumstances.

Effective: 2024

Divorce suits are conducted as suits in equity in Virginia's circuit courts. No divorce shall be granted on the uncorroborated testimony of the parties alone. However, for uncontested no-fault divorces, a corroborating witness affidavit is no longer required as of July 1, 2021 — the filing party may submit a sworn affidavit based on personal knowledge as evidence.

Effective: 2024

The defendant in a divorce case may accept service by signing a proof of service before a notary or oath-authorized officer, or by filing an answer. For no-fault divorces, the waiver may occur before or after filing if a copy of the complaint is attached and the defendant signs the proposed final decree. All documents for an uncontested divorce may be filed contemporaneously, streamlining the process.

Effective: 2024

In uncontested no-fault divorces where the parties have resolved all issues by written agreement, where no contested issues remain, or where the defendant failed to respond, a party may submit evidence by deposition or affidavit without leave of court. The affidavit must be based on personal knowledge, contain admissible facts, and support the grounds for divorce. This eliminates the need for a court hearing in straightforward uncontested cases.

Effective: 2024

While a divorce case is pending, the court may enter temporary orders regarding spousal support (using the pendente lite formula), child custody, visitation, child support, exclusive use of the family home, and protection of property. The court may also enjoin a party from transferring or dissipating marital assets. These temporary orders remain in effect until the final divorce decree.

Effective: 2024

Process in a divorce or annulment case may be served in any manner authorized by Virginia's general civil process statutes (§8.01-296 for personal service or §8.01-320 for service by publication when the defendant cannot be found). This includes service by a sheriff, private process server, or acceptance of service by the defendant or their attorney.

Effective: 2024

Upon granting a final divorce, the court shall restore a party's former or maiden name upon that party's motion. The request can be made in the initial complaint or by separate motion at any time. The other spouse's consent is not required. An additional recording fee applies for the name change order.

Effective: 2024

Protects the custody and visitation rights of military parents who are deployed. Any court order modifying custody or visitation due to deployment must be entered as a temporary order and specify deployment as the basis. The deploying parent may delegate visitation to a family member with whom the child has a close relationship. Upon return from deployment, the court must hold a hearing within 30 days, and the non-deploying parent bears the burden of showing that restoring the pre-deployment custody order is no longer in the child's best interests.

Effective: 2024

Premarital (prenuptial) agreements are enforceable if executed voluntarily by both parties. An agreement is not enforceable if the party challenging it proves it was involuntary, or that it was unconscionable when signed and the other party failed to provide fair financial disclosure. Married persons may also enter postnuptial agreements under §20-155 with the same requirements. A reconciliation after signing a separation agreement abrogates that agreement unless it expressly states otherwise.

Effective: 2024

Effective July 1, 2021, Virginia adopted the Uniform Collaborative Law Act, providing a structured framework for resolving family law disputes without litigation. Both parties and their attorneys sign a participation agreement committing to negotiate in good faith. If the collaborative process fails, the collaborative lawyers are disqualified from representing either party in subsequent litigation. The process covers divorce, custody, support, property division, and prenuptial/postnuptial agreements.

Effective: 2024

The court may order a spouse to maintain an existing life insurance policy and designate the other spouse or children as beneficiaries for as long as there is a support obligation. This protects the supported spouse and children against the loss of support if the paying spouse dies. The policy must already exist — the court cannot order a party to purchase new life insurance.

Effective: 2024

If one spouse files for a fault-based divorce and the other spouse has grounds for a no-fault divorce (or vice versa), the court may grant a divorce on alternate grounds without requiring the other party to file an amended complaint or cross-bill. This streamlines the process when the evidence supports different grounds than originally pled.

Effective: 2024