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Virginia State Laws
Updated for 2026

Virginia Divorce Laws

Your complete guide to divorce in Virginia. Requires separation period before filing.
6 months
Residency Required
6-12 mo
Separation Required
Equitable
Property Division
$14,500
Average Cost

Understanding Virginia Divorce Law

Property Division

Virginia follows Equitable Distribution.
Fair Division

Grounds for Divorce

No-Fault: Living separate without cohabitation for required period
Fault or No-Fault

Child Custody

Courts consider 10+ best interests factors.
Best Interests

Child Support

Uses the Income Shares Model.
Income Shares Model

Child Custody Factors

1
Age and condition of child
2
Each parents age and condition
3
Relationship between each parent and child
4
Needs of child
5
Role each parent has played
6
Willingness to support relationship with other parent
7
Preference of child
8
History of abuse
9
Cooperation between parents
10
Any other relevant factors

Spousal Support

Pendente Lite Support

During proceedings

Rehabilitative Spousal Support

For transition period

Permanent Spousal Support

Long-term support

Key Statutes

Va. Code 20-91
Grounds for Divorce
No-fault and fault grounds
Va. Code 20-107.3
Property Division
Equitable distribution
Va. Code 20-124.3
Child Custody
Best interests factors

Recent Changes

2024
Child Support Updates
Virginia updated child support guidelines.

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