Overview of the Virginia Divorce Process

Virginia is a mixed state regarding the grounds for divorce. You can file for divorce in Virginia using no-fault or fault grounds. The no-fault grounds for divorce are:

Living separate and apart without any cohabitation and without interruption for one year either, husband or wife can apply
In cases where there is a separation agreement and
- there are no minor children, of the marriage natural born or adopted by either or both parties,
- A divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months.

Fault grounds for Virginia Divorce

The fault grounds pertaining to divorce in the state of Virginia include the following:

For adultery; or for sodomy or buggery committed outside the marriage;
Either party after the marriage has been convicted of a felony, incarcerated for more than one year and confined for such felony after h conviction, and no cohabitation after knowledge of such confinement;
Either party has been guilty of cruelty, caused reasonable fear of bodily harm, or willfully deserted or abandoned the other; such divorce may be decreed to the innocent party after a period of one year from the date of such act.
Committed willful and malevolent desertion and absence from the habitation of the injured and Innocent Spouse, without a reasonable cause, for the period of one or more years
Custody, Child Support and Property Division

The national standard for child custody is the best interests of the child. Virginia follows this standard. The presumption is that the child should have a meaningful relationship with both parents. Generally, the primary caregiver will get custody of young children.

Both Parents are charged with the obligation to support the children. Child support guidelines are based on the Income Shares Model. Once that is determined, it is divided between the parents based on their ability to pay. The custodial parent receives the child support payment.

Property is divided on an equitable basis. The court encourages the parties to allocate debts and assets by separation agreement. If court intervention is required, the court will divide property based on what is fair, not necessarily, what is equal.

Do You Need a Lawyer?

Custody, Child Support, and Property division matters are often complicated and can have long lasting impact. Contact an attorney experienced in Family Law and the Virgina divorce process to protect your rights and interests when considering divorce.

Thinking About Divorce?