A plain-language guide to Virginia family law
How no-fault and fault divorce, custody and support, and equitable distribution work in Virginia, and which court handles what.
Virginia splits family matters between two courts and has specific separation periods for a no-fault divorce. This guide explains the basics. It is general information, not legal advice.
01Grounds and separation periods
Virginia allows both fault-based divorce, on grounds such as adultery, cruelty, or desertion, and no-fault divorce. A no-fault divorce requires living separate and apart for one year, or for six months if there are no minor children and the spouses have a signed separation agreement. One spouse must have been a Virginia resident for six months.
02Which court handles your case
The Circuit Court handles divorce. The Juvenile and Domestic Relations, or J&DR, courts handle custody, visitation, and support when there is no divorce pending. If a divorce is filed, the Circuit Court can decide those issues as part of the case.
03Custody, visitation, and support
Custody and visitation are decided by the best interests of the child, and can be legal, physical, or both. Child support follows statewide income shares guidelines based on both parents' incomes, health care, and childcare.
04Equitable distribution
Virginia divides property through equitable distribution. Property is classified as marital, separate, or part-marital and part-separate, and the court divides the marital share fairly, which is not automatically equal. The court can also award spousal support based on need, ability to pay, and statutory factors.
05When to talk to a Virginia attorney
Because Virginia spreads issues across two courts and has no official statewide court forms for the divorce process itself, many people consult a licensed Virginia attorney, especially when custody, support, or property is disputed. The official resources below can help.
- Virginia Judicial System Court Self-HelpNeutral legal information on divorce, custody, visitation, and support.
- Custody, Visitation and SupportHow the Juvenile and Domestic Relations courts handle custody and support.
Common questions
How long must you be separated to divorce in Virginia?
A no-fault divorce requires one year of living separate and apart, or six months if there are no minor children and the spouses have a signed separation agreement.
Which Virginia court handles custody and support?
The Juvenile and Domestic Relations courts handle custody, visitation, and support when there is no divorce pending. The Circuit Court handles divorce and can decide those issues within it.
Does Virginia divide property equally?
Not automatically. Virginia uses equitable distribution, dividing the marital share fairly based on statutory factors, which may not be a 50-50 split.