Ultimate Guide to Getting a Divorce in Virginia

Divorce is never easy, no matter how amicable the split. Between the court process, paperwork, and decisions surrounding custody arrangements and property division, both you and your spouse have a lot to consider. Fortunately, familiarizing yourself with the Virginia law surrounding contested and uncontested divorce can streamline the process.

Our staff at Simplify My Divorce, an online divorce resource organization, created this guide to Virginia’s divorce laws. Here, you’ll find everything you need to know about how to get a divorce in Virginia, the required divorce papers, and information regarding child custody, spousal support, and more.

The Virginia Divorce Process: How to File for Divorce in Virginia

In many cases, couples approaching divorce expect the process to include a lengthy, laborious, and expensive process. However, that’s not always the case.

Depending on your circumstances, you and your spouse may qualify for an uncontested divorce. You must meet certain criteria to qualify for uncontested divorces, though, which we’ll discuss below.

Uncontested Divorce in Virginia

Typically, the marital dissolution process begins when one spouse files for divorce and serves the other spouse with divorce paperwork. If you and your spouse agree on the terms of the divorce, you can expedite the process by filing for an uncontested divorce. Before submitting your paperwork, you must come to a mutual agreement regarding issues such as:

• The grounds for divorce
• Division of marital property
• Division of marital debts and assets
• Child support and child custody
• Spousal support

In addition, you and your spouse must have been legally separated for at least 12 months if you have minor children, or six months if you don’t have children together. Lastly, either you or your spouse must have lived in Virginia for at least six months before you file for divorce.

After coming to an agreement and satisfying Virginia’s residency requirements, you and your spouse must draft a divorce settlement agreement and property settlement agreement outlining the terms of your no-fault divorce. Once you have finalized the contract, you can visit your local courthouse to complete and file the required paperwork and pay a filing fee.

As long as your spouse agrees to the terms and waives their ability to contest the conditions of your divorce complaint, you could receive a final court hearing as soon as the judge’s schedule allows. Then, the judge will review the terms of your divorce agreement, provide a final order, and sign the Decree of Divorce to finalize your disunion.

The Contested Divorce Process

Unlike an uncontested dissolution, contested divorce proceedings can take months and cost thousands of dollars. The complex divorce proceeding also requires the help of an attorney to navigate the process, resulting in additional attorney’s fees.

Essentially, a contested disunion occurs when you or your spouse disagree on the grounds for or the terms of your divorce. Typically, the responding spouse will file a counterclaim after getting served with the initial papers. Counterclaims vary based on your circumstances and may relate to child support, legal custody of minor children, spousal support, fault-based grounds, or other factors.

Next, both parties will usually file pretrial motions, attend a pretrial conference, and begin the discovery process, in which you and your spouse’s attorneys will gather evidence before the divorce trial. In some cases, you can also request a pendente lite order, in which the judge makes temporary decrees regarding:

• Spousal support
• Healthcare
• Short-term child support
• Short-term child custody
• Living arrangements before and during the court procedures

Finally, you and your spouse can argue your case, provide convincing evidence to support fault-based grounds for divorce, or present a corroborating witness to argue on your behalf, if applicable. Finally, you’ll receive an official divorce order, in which you receive the official, legal terms of your divorce.

Types of Divorce in Virginia

Virginia offers two types of divorce, as follows.

1. Divorce from Bed and Board

Divorce from bed and board is a form of partial divorce that will not allow you or your spouse to remarry. When you obtain a divorce from bed and board, your judge will establish terms involving:

• Spousal maintenance
• Child support
• If you or your spouse will receive sole legal custody or joint legal custody
• Marital property distribution
• And more

Not everyone can obtain a divorce from bed and board, though. A judge will only approve a divorce from bed and board based on fault grounds, including:

• Cruelty
• Willful desertion
• Abandonment
• Reasonable fear for bodily harm

2. Divorce from the Bond of Matrimony

Alternatively, a divorce from bond of matrimony is a type of final, complete dissolution. If you receive a divorce from bond of matrimony, you and your spouse can remarry if you wish. Divorces from bond of matrimony apply to both fault-based and no-fault divorces.

Is Virginia a No-Fault Divorce State?

You can obtain a divorce based on both fault-based and no-fault grounds in Virginia. To obtain a no-fault divorce, you and your spouse must prove that:

• You have lived apart for at least one year if you have minor children OR
• You have lived apart for at least six months if you don’t have children under the age of 18 AND
• You have signed a separation agreement that addresses marital property, marital debt, and joint or sole custody

Despite its name, a separation agreement has nothing to do with living separately. Instead, it applies to the terms of your divorce, as outlined above, and is also known as a property settlement agreement.

On the other hand, you can choose to file for a fault-based divorce in Virginia. Fault-based grounds for divorce include:

• Sexual relations outside the marriage, including adultery, sodomy, or buggery
• A felony conviction
• Willful desertion or abandonment of the other spouse
• Reasonable apprehension of bodily harm

However, you must prove that the guilty spouse actually committed each alleged fault, which can complicate the process. That said, proving fault can impact the final divorce terms, especially regarding property division or alimony for the innocent spouse.

Paperwork and Forms Needed to Get a Divorce in Virginia

Unlike other states, you must complete your preliminary forms using Virginia Legal Aid’s DIY divorce packet. There, you’ll find information on filing and a tool that guides you through the documentation process.

Your paperwork should include specific details, including:

• The date and location of your marriage
• Where you and your spouse currently live
• Your military status
• The divorce grounds
• Whether you’ve met the required separation period, if applicable
• The ages and current living situation of any shared children

After completing your Virginia divorce forms, you must file for divorce in person at your county clerk’s office. There, you’ll pay a filing fee before serving your spouse with divorce papers. If your spouse has already agreed to the terms and signed a Waiver of Service of Process form, you do not need to serve them.

How Long Does a Divorce Take in Virginia?

Virginia divorce proceedings vary in length based on the complexity of your divorce. For example, you may finalize an uncontested split in three months or fewer. On the other hand, a contested dissolution may take anywhere from 12 to 18 months to finalize.

Virginia Divorce Requirements You Need to Know

Comparatively, Virginia has relatively lax divorce requirements. You or your spouse must have resided in the state for at least six months before either of you can file for divorce.

In some cases, you may have to satisfy separation requirements. The state has no separation requirements for divorces based on adultery or sexual relations outside of the marriage.

If you file for a no-fault divorce, you and your spouse must prove that you’ve lived separately for at least one year, or six months if you don’t have any children together. To obtain a divorce based on grounds of cruelty or abandonment, you must remain separate for one year following the cruelty or abandonment before receiving a final divorce decree.

How is Marital Property Divided in Virginia?

Virginia courts divide property based on equitable distribution guidelines. Equitable distribution does not necessarily result in a 50/50 split for the filing spouse or the other party. Instead, it enables both parties to become “whole” following the disunion.

The courts will consider the following factors, among others, when determining how to distribute property:

• The duration of the union
• The value of the marital property
• How much each spouse contributed to the marital assets
• Each spouse’s financial resources and earning abilities

Then, the court will classify assets as marital property, separate property, or a hybrid of both. Depending on the circumstances, the courts may also offer a financial award to one spouse to restore them following the split.

Child Support Obligations in Virginia

If you and your spouse haven’t agreed on child support for the custodial parent, a judge will use predetermined guidelines to establish terms during one or more Virginia domestic relations district court appearances.

In most cases, the non-custodial parent must pay child support until the youngest shared child reaches 18. However, if your child has a severe, permanent disability, support may continue with no set endpoint.

How is Spousal Support Determined in Divorce in Virginia?

Virginia courts base alimony on the circumstances of the divorce case. Either spouse can request support, though the courts will consider several factors before determining if support is necessary, including the fault, need, and financial circumstances of each spouse.

If the courts deem support necessary, they will determine the amount of support based on various factors, including:

• The length of the marriage
• The lifestyle experienced during the marriage
• The ages and physical and mental condition of both spouses
• The earning capacity and education of each spouse

Finally, your judge will determine the length and frequency of the support. For example, you may receive or provide support permanently or temporarily. Further, you may receive or provide support in regular payments or a single, lump sum.

Filing for Divorce in Virginia

Filing for divorce is complicated. By familiarizing yourself with state laws–and seeking out the advice of an experienced divorce attorney–you can minimize the mental and emotional strain of the legal process. Rather than attempting to manage the process yourself, we highly recommend reaching out to a family law or divorce attorney in your area to guide you through the process and reach a favorable outcome sooner.