Virginia is for lovers. Sometimes, though, lovers who have gotten married need to move on. Virginia divorce laws are complicated and difficult to understand in the best of circumstances. Those problems are compounded when dealing with the stress of ending a relationship.
We’re here to help. We will tell you all about Virginia divorce laws and how to file for divorce, answering your questions about the process and different types of divorce.
What Are the Different Kinds of Divorce in Virginia?
There are two kinds of divorce in Virginia. The most well known is the “divorce from the bonds of matrimony,” which is probably what you’re thinking of. This type of divorce ends a marriage.
The other type of divorce in Virginia is “divorce from bed and board.” This is a legal separation that functions like a divorce in many ways, including dealing with all the issues of property division, custody and support. The difference is that the couple remains legally married to one another and cannot marry anyone else.
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How to File for Divorce In Virginia
Filing for divorce in Virginia is straightforward. You file for divorce with the circuit court that has jurisdiction over the county where you live. The court clerk can be helpful, but Virginia, unlike many states, does not provide forms or guidance to the public for filing a divorce.
VALegalAid.org offers forms as well as guidance and help with gathering information and filing for divorce.
Virginia Residency Requirement
If you want to get divorced in Virginia, at least one spouse must have lived in the state for at least six months before you file.
Grounds for Divorce in Virginia
The grounds for divorce is the legal reason. If you file for a no-fault divorce, where neither party is blamed for the divorce, you and your spouse must have lived separately for at least a year before you can begin the divorce process if you have minor children; if there are no children you must have lived apart for six months.
Virginia recognizes just a few grounds for fault-based divorce:
- Adultery, sodomy outside of the marriage or buggery (a sexual act with an animal) with the couple not having cohabitated after the innocent spouse learns of this,
- Willful desertion or abandonment for one year,
- Cruelty that makes the other partner reasonably fear for their safety or
- Conviction of a felony that results in serving a sentence of more than one year with the couple not cohabitating again after imprisonment.
Fault-based in Virginia can have an impact on the way a court will divide marital assets and on any potential award of spousal support.
What Is the Virginia Divorce Process?
Though every divorce is different, the steps for a divorce in Virginia are largely the same for everyone:
- After you determine which circuit court to file in, you file a Complaint for Divorce.
- Your spouse must be legally served with the form. Usually, service is performed by a sheriff in Virginia, but you can also hire a process server to personally serve the papers or give them to someone who lives with your spouse while also mailing a copy according to the Code of Virginia § 8.01-296.
- If you can’t have your spouse served through these traditional means, you have to notify the court and ask permission for trying to serve them by publishing in a newspaper once a week for four consecutive weeks. The judge will then usually move the case forward as if your spouse was served and never responded.
- Your spouse can respond by either filing an answer or a waiver of notice depending on whether they are contesting something in your filing or not.
- If the divorce is contested, there will be a trial. If the divorce is uncontested, there may be a hearing or you may simply have to file some paperwork.
- Either way, the judge will hand down a ruling granting the divorce and deciding how assets are divided as well as custody and support matters.
Though the basic steps are relatively straightforward, each divorce is different. What you and your spouse can agree will impact how complex your divorce will be.
Child Custody and Support in Virginia
As in many states, child custody in Virginia is determined based on the best interest of the child. This includes the relationship between the child and each parent, the child’s needs and a variety of other factors including, for children who are old enough, the child’s preference.
It’s important to remember that child custody is a completely separate issue from child support. Even if a parent is not paying child support, they are still entitled to see their children. The exact nature of custody will be worked out by the parents, their attorneys and ultimately, the judge.
Typical custody arrangements include:
- Joint legal custody. When the parents share legal joint custody, both are responsible for decision-making regarding the child (health, education and religious matters).
- Sole legal custody. With sole legal custody, one parent has exclusive rights to make decisions about the child. .
- Shared physical custody. This occurs when both parents share time with their child. One parent is usually the residential parent, with whom the child spends most of their time. The other parent has parenting time or visitation. True shared custody is also possible where time is equally shared.
Custody does impact child support in one important way: the parent who has less time with the children will usually be the one who must pay child support.
This only makes sense. If one parent has the burden of supporting the children at their home most of the time, the other parent should contribute to the costs associated with this arrangement. A formula is used to determine the amount of child support based on the parents’ incomes.
The cost of employment-related child care as well as health and dental insurance premiums are also allocated between the parents. Health care and dental care that is not covered by insurance is also shared by the parents. The court can also order a parent to take out a life insurance policy benefitting the children as part of child support.
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Frequently Asked Questions (FAQs)
Can you date while separated before your divorce in Virginia?
Technically, Virginia only recognizes two states: married or unmarried. While you can date during your separation, if things get intimate it’s legally adultery. This is one of the grounds for fault-based divorce in Virginia and could be used by your spouse to influence the distribution of assets or any potential spousal support.
So, in short, you can date while separated in Virginia, but you might want to wait or have your spouse sign a separation agreement before you do.
How do you find a divorce attorney in Virginia?
You can find an attorney in many ways. You could get a referral from a friend or family member. If you’ve used an attorney for another matter (like buying a house) ask them for a referral to a divorce attorney. The state and local bar associations have referral services you can use as well. Regardless, make sure that you and your attorney see eye-to-eye on your divorce and don’t be afraid to meet with several before selecting one.
How is property divided in a Virginia divorce?
Virginia uses equitable distribution to divide property. That means the court will divide property in a way it deems fair given the totality of the circumstances. Remember that only marital property is divided during a divorce proceeding. Property owned before the marriage or gifts or inheritances received during marriage from people other than the spouses themselves are considered separate property and are not divided in the divorce.
What if your spouse doesn’t want the divorce?
Your spouse can’t stop you from getting a divorce if you file for a no-fault divorce, but they can make it more difficult and time-consuming. If they decide to simply not respond to service, the court will eventually let you move forward without them. If they do respond, you will either work out a settlement or go to trial.
How much does it cost to get divorced In Virginia?
A divorce in Virginia can cost as little as around $100 for court fees if you file for divorce yourself and do not use an attorney. When attorneys (and their fees) get involved, the cost for a contested divorce can easily exceed $10,000.
