Family Law & Private Client Matters

Under a new law that went into effect on July 1, 2026, the only requirement to file for divorce is that the parties are in fact living separate and apart and at least one party intends that the separation be permanent. The law provides that no waiting period is required to file for divorce. See Virginia Code Section 20-95 (1950, as amended).

An uncontested no-fault divorce where the parties have agreed on all issues can be finalized in as little as a month after the required separation period. Contested divorces with more disputed issues can take one to two years or longer after filing, depending on the complexity of the issues involved and in what jurisdiction you have filed. Some circuit courts in Virginia process cases slower, or faster, than others.

Virginia is an equitable distribution state, which means marital property and debt is meant to be divided equitably based on consideration of a number of factors. Equitable division does not mean equal division. In deciding what is equitable, courts consider factors such as the length of the marriage, each party's individual contributions to the marriage (financial and nonfinancial), how and when property was acquired, any negative contributions to the marriage (financial or nonfinancial), and the circumstances of the marriage and what lead to its dissolution. See Virginia Code Section 20-107.3(E).

Virginia also follows title when it comes to awarding solely titled property in divorce; we are not a community property state. That means that unless an asset is jointly titled, or has no title, the judge has no authority to award property solely titled in the name of one spouse to the other or to order the sale or disposition of property titled only in your name. Instead, the judge makes a determination of the marital components of property based on equitable factors, and a judge has the authority to make a monetary award to account for any inequities resulting from property being titled in only one spouse’s name. Generally speaking, however, property is deemed “marital” for the purposes of divorce if it was acquired during the marriage and before the last separation. Jointly titled property can be awarded to either spouse, or ordered to be sold and the proceeds divided. Assets that were acquired before marriage, or after the date of the last separation, remain your separate property so long as they do not become jointly titled and are not mixed with marital assets or marital contributions.

Generally speaking, the only modifiable parts of a divorce order or settlement are child custody and visitation, and child support and spousal support. To avoid issues, it is essential that any outstanding issues related to marriage are determined before or at the time of divorce. Otherwise, courts typically do not have the authority to change or modify a settlement agreement that is in writing and signed by both spouses. After a divorce order is final, the court can no longer modify a property award except in extremely rare circumstances (like fraud). The way to challenge a divorce order’s division of property is through an appeal to the Court of Appeals of Virginia if the trial judge has made a clear error.

Courts decide questions of alimony, like property distribution, by applying at a list statutory factors related to the course of the marriage. Again, factors include the length of the marriage, contributions to the marriage, and cause for the dissolution of the marriage. Unlike property distribution, a primary factor for spousal support is a balance between maintaining the standard of living established during the marriage, how well can you support yourself financially, and can your spouse afford to support that standard of living? Commission of adultery can act as a bar to receiving spousal support, while factors like desertion and cruelty can also negatively affect receipt of spousal support.

Unlike spousal support, child support is principally determined by use of a statutory formula contained in the Virginia Code, Section 20-108.2. The formula takes into account the custodial number of days each parent has, each parent’s monthly income, the cost of health insurance, and the cost of any work-related child care expenses. In some cases, the courts will apply deviations from this formula based upon any extraordinary circumstances of the parties or children. See Virginia Code Section 20–108.1(B).

No. Under a new law passed July 1, 2026, adultery is only a ground for divorce if it was committed before the date of the parties’ last separation. See Virginia Code Section 20-91. As such, post-separation adultery is no longer a bar to spousal support.