Virginia allows for both no-fault and fault-based divorces:

A no-fault divorce can be filed when:

• The spouses have lived separately and apart for at least 6 months (if there are no minor children and a separation agreement is in place), or
• They have lived apart for at least 12 months if they have minor children.

Fault-based divorces may be filed on the grounds of:

• Adultery
• Cruelty (including physical or emotional abuse)
• Desertion or abandonment
• Conviction of a felony with imprisonment for more than one year

To file for divorce in Virginia, at least one spouse must have lived in the state for a minimum of 6 months prior to filing to meet the residency requirements. If either spouse is in the military, they must have been stationed in Virginia for 6 months.

Virginia courts follow the principle of equitable distribution, meaning marital property is divided fairly but not necessarily equally. The court distinguishes between:

• Marital property (acquired during the marriage)
• Separate property (acquired before marriage or via inheritance/gift)

Alimony may be awarded to either spouse based on need, income disparity, length of marriage, and contributions to the household. Adultery can affect eligibility.

Custody decisions are based on the best interests of the child, considering factors like each parent’s role, the child’s needs, and parental cooperation.

Virginia uses statewide guidelines to calculate child support based on income, custody arrangements, and necessary expenses like insurance and childcare to decide how much and who should pay child support.

• Uncontested Divorce: Both spouses agree on all major issues. This is typically faster, less expensive, and less stressful.
• Contested Divorce: Disagreements over property, support, or custody require litigation and court intervention.

Divorce can have lasting implications on your finances, family life, and future. Having an experienced divorce lawyer ensures:

• Your rights are protected
• You receive a fair settlement
• Complex issues like business assets, retirement accounts, or custody are handled correctly
• You avoid costly legal errors