Virginia Family Laws

At least one party must have been domiciled in Virginia and a resident for at least 6 months before filing.

Divorce filing fees vary by circuit court. The state filing fee is approximately $86, with additional costs for service of process and other filings.

In cases involving minor children, both parties are typically required to attend a parent education seminar within 45 days of service of process.

For no-fault divorce, the parties must live separate and apart for 1 year. The period is reduced to 6 months if there are no minor children AND the parties have entered into a written separation agreement. "Living separate and apart" requires at least one party to intend the separation to be permanent.

Virginia classifies property as marital, separate, or hybrid. Marital property is divided equitably (not necessarily equally). The court considers 11 statutory factors including each party's contributions, duration of the marriage, circumstances leading to dissolution, and tax consequences.

Virginia courts may award spousal support considering factors including earning capacity, financial needs, standard of living during marriage, duration of marriage, contributions to well-being of the family, and decisions made during marriage regarding employment and education. Adultery can bar spousal support unless it would constitute a manifest injustice.

Virginia courts consider multiple factors including: each parent's role in upbringing, age and needs of the child, relationship between parent and child, propensity to support the child's relationship with the other parent, history of family abuse, and the reasonable preference of a child of sufficient age and maturity.

Virginia uses an income shares model based on combined gross income of both parents. Guidelines consider number of children, health insurance costs, childcare expenses, and the custody arrangement. Deviation is allowed for good cause.