Virginia recognizes both fault and no-fault grounds for divorce under Virginia Code § 20-91. The no-fault ground is based on separation with a waiting period that varies: six months if there are no minor children and both parties have a written separation agreement, or one year of separation for all other cases. Fault grounds include adultery, sodomy or buggery with third party, cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment, or conviction of a felony with imprisonment. As of July 1, 2025, a new ground allows divorce from bed and board without a waiting period upon separation.
File a Bill of Complaint for Divorce in the circuit court of the county or city where either spouse resides. For a no-fault divorce, you must file the petition and establish the required separation period. For a fault-based divorce, you may file immediately without a separation period. The responding party must be served with the complaint according to Virginia Rules of Civil Procedure.
For a no-fault divorce with no minor children, both parties can expedite the process by executing a written separation agreement resolving all issues. This written agreement reduces the separation period from one year to six months. The agreement should address property division, spousal support, and all other marital issues.
Virginia follows the equitable distribution model under Virginia Code § 20-107.3. Marital property acquired during the marriage is divided equitably, which means fairly but not necessarily equally. The court considers the length of the marriage, each party's contribution to the acquisition of marital property, the earning capacity and earning history of each party, the amount and sources of income available to each party, the expenses and financial obligations of each party, and the property each brought into the marriage.
Marital property includes all property acquired during the marriage, regardless of whose name is on title. Separate property includes property owned before the marriage, property acquired by gift or inheritance, and property acquired after the separation. However, appreciation of separate property during the marriage may be considered marital property in some circumstances.
The court considers the contribution of a spouse as a homemaker and parent, the tax consequences of property division, and any other factors the court deems appropriate. The court may award a monetary award to one spouse to achieve an equitable result if property division alone would be inequitable.
Virginia courts apply the "best interests of the child" standard under Virginia Code § 20-124.3. Factors include the relationship between the child and each parent, the involvement of each parent in the child's life, the child's adjustment to home, school and community, the stability provided by each home, the child's wishes if of sufficient maturity, the ability of each parent to maintain a relationship with the child, and any history of abuse or violence.
Virginia law presumes that joint custody is in the best interest of the child and encourages shared parental responsibility. Joint legal custody means both parents share decision-making authority regarding education, health care, religious training, and other major matters. Joint physical custody means the child spends significant time with both parents.
If parents agree on custody, they should provide the court with a parenting plan outlining custody arrangements, visitation schedules, and decision-making authority. If parents cannot agree, the court will determine custody and parenting time based on the child's best interests.
If you have no minor children and have signed a written separation agreement covering all marital issues, you only need to live separate and apart for six months before filing. Otherwise, the separation requirement is one year. As of July 1, 2025, you can also file for divorce from bed and board immediately upon separation without waiting.
Yes. Fault grounds such as adultery, cruelty, desertion, or conviction of a felony allow you to file for divorce immediately without a separation period. However, you must be able to prove the fault ground in court. Adultery, sodomy, or buggery can be established through circumstantial evidence.
Virginia Code § 20-107.1 governs spousal support. The court considers the length of the marriage, the standard of living during the marriage, each party's earning capacity and financial condition, the age and health of each party, and the contributions of each spouse to the marriage including homemaking and child rearing. Support may be temporary, rehabilitative, or permanent depending on the circumstances.
Divorce from bed and board is a separate legal action from absolute divorce but addresses custody, support, and property division. After one year of living separate and apart following a divorce from bed and board, either party can file for an absolute divorce, which is a separate proceeding that finalizes the dissolution of the marriage.