Virginia's Residency Requirements

Either spouse must have been residents of Virginia for 6 months or more before filing for divorce.

Virginia's Grounds for Divorce

Virginia residents may file for divorce under fault or no-fault grounds.

Virginia's no-fault grounds include:

• living separate and apart without cohabitation for 1 year or more
• living separate and apart without cohabitation for 2 years or more under a separation agreement, if there are no minor children involved

Virginia's fault grounds include:

• adultery
• conviction of a felony and imprisonment for 1 year or more
• willful desertion

Virginia's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a Virginia court will make a ruling.

Virginia courts consider factors such as:

• each parent's past performance of parental duties
• the material, mental, and physical needs of the child
• the wishes of the child

Virginia's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

Virginia courts consider factors such as:

• the standard of living the child experienced before the divorce
• each parent's financial resources, earning capacity, and asset
• physical, emotional, and educational needs of the child

Virginia's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

Virginia courts consider factors such as:

• duration of the marriage
• the standard of living experienced during the marriage
• any custodial arrangements
• each spouse's financial resourced, earning capacity, and assets

Virginia's Property Division Guidelines

Virginia has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

Virginia courts consider factors such as:

• duration of the marriage
• each spouse's contribution to the acquisition and maintenance of the property
• whether one spouse contributed to the other's education, career, and earning capacity

Virginia's Venue Guidelines

A petitioner may file the divorce forms in their Virginia county of residence, or in the respondent's Virginia county of residence.

The divorce forms may also be filed in the last Virginia county of residence the spouses resided in together.