FAQs

Virginia recognizes both fault and no-fault grounds for divorce. Fault grounds include adultery, sodomy or buggery, felony conviction with incarceration of one year or more, cruelty, and willful desertion. The no-fault ground is living separate and apart without cohabitation for the required period. Most Virginia divorces proceed on no-fault grounds.

A Separation and Property Settlement Agreement is a contract between spouses that resolves issues arising from their separation, including custody, support, and property division. Having an agreement can reduce the waiting period from one year to six months if you have no minor children. It also allows you to decide the terms of your divorce rather than leaving decisions to a judge.

Virginia follows the principle of equitable distribution, meaning marital property is divided fairly but not necessarily equally. The court classifies property as marital, separate, or hybrid, then considers statutory factors to determine a fair division. Marital property generally includes assets acquired during the marriage, while separate property includes assets owned before marriage or received as gifts or inheritance.

While Virginia does not prohibit dating during separation, it is generally advisable to wait until your divorce is final. Sexual relations with someone other than your spouse before the divorce is finalized can constitute adultery under Virginia law, which may affect spousal support eligibility and could complicate your case.

Military families may have jurisdiction options in multiple states. You may be able to file where the service member is stationed, where the service member claims legal residence, or where the non-military spouse lives. Virginia courts can hear the case if residency requirements are met. The choice of where to file can affect outcomes because different states have different laws on property division and support.

The Survivor Benefit Plan provides continued retirement income to a designated beneficiary if the military retiree dies. Without SBP coverage, a former spouse's share of military retirement ends at the retiree's death. In divorce, a former spouse can be named as the SBP beneficiary. The divorce decree must address SBP, and strict deadlines apply for making the election with DFAS.

Under the Uniformed Services Former Spouses' Protection Act, Virginia courts can treat military retirement as marital property subject to equitable distribution. The portion earned during the marriage is typically divisible. If the marriage lasted at least 10 years overlapping with 10 years of military service, the former spouse can receive payments directly from DFAS rather than from the service member.

The 20/20/20 rule determines whether a former military spouse retains full military benefits after divorce. If the marriage lasted at least 20 years, the service member performed at least 20 years of creditable service, and there was at least 20 years of overlap between the marriage and the military service, the former spouse keeps TRICARE and commissary privileges as if still married to the service member.

Legal custody is the right to make major decisions about the child's life, including education, healthcare, and religious upbringing. Physical custody is the right to have the child live with you and provide daily care. Parents can have joint or sole custody of either type. In Virginia, joint legal custody is common, while physical custody arrangements vary based on what serves the child's best interests.

Virginia courts consider multiple factors under the best interest standard, including each parent's relationship with the child, the child's age and needs, each parent's role in the child's upbringing, willingness to support the child's relationship with the other parent, and any history of abuse. The court looks at the totality of circumstances rather than any single factor.

Virginia law does not set a specific age at which a child can choose which parent to live with. The court may consider the child's preference if the child is of reasonable age and maturity, but it is only one of many factors in the best interest analysis. The child's preference is never the sole determining factor, and the court always retains authority to decide custody.

The 20/20/20 rule determines whether a former military spouse retains full military benefits after divorce. If the marriage lasted at least 20 years, the service member performed at least 20 years of creditable service, and there was at least 20 years of overlap between the marriage and the military service, the former spouse keeps TRICARE and commissary privileges as if still married to the service member.

Child support in Virginia generally continues until the child turns 18 or is emancipated. Support may extend to age 19 if the child is still a full-time high school student. The court can also order continued support for an adult child who is severely and permanently mentally or physically disabled and unable to support themselves.

The duration of spousal support depends on the circumstances, including the length of the marriage. There is no fixed formula. Support may be temporary (during divorce proceedings), rehabilitative (for a set period to allow the recipient to become self-supporting), or indefinite in longer marriages. Support typically ends upon death of either party, remarriage of the recipient, or cohabitation for one year or more.

Yes. Child support can be modified when there is a material change in circumstances, such as a significant change in either parent's income, a change in the custody arrangement, or a change in the child's needs. Either parent can petition the court for modification. Virginia allows review when circumstances have changed substantially since the last order.

Virginia child support calculations are based on gross income from all sources, including wages, salaries, commissions, bonuses, self-employment income, and certain benefits. If a parent is voluntarily unemployed or underemployed, the court may impute income based on earning capacity. The combined income of both parents determines the base support obligation under Virginia's guidelines.

You can seek a protective order if you have been the victim of family abuse by a family or household member. This includes current or former spouses, parents, children, siblings, in-laws living in the home, people who share a child, and anyone who has lived with you in the past 12 months. The abuse can include violence, threats, or conduct that places you in fear of bodily injury.

Yes. Protective orders can include temporary custody provisions, and the existence of a protective order is a factor courts consider in custody determinations. Virginia's best interest factors include any history of family abuse. A protective order and the underlying facts of domestic violence can significantly influence custody and visitation arrangements.

At the full hearing for a Permanent Protective Order, both you and the respondent have the opportunity to present evidence and testimony. You will describe the abuse and may present witnesses, documents, or photographs. The respondent can respond and present their own evidence. The judge decides whether abuse occurred and, if so, issues a protective order with appropriate provisions.

Virginia child support calculations are based on gross income from all sources, including wages, salaries, commissions, bonuses, self-employment income, and certain benefits. If a parent is voluntarily unemployed or underemployed, the court may impute income based on earning capacity. The combined income of both parents determines the base support obligation under Virginia's guidelines.

Birth parents have a 7-day revocation period after signing consent during which they can revoke for any reason. This period can be waived if the child is at least 10 days old and the birth parent received independent legal counsel. After the revocation period, consent can only be revoked for fraud or duress, or by mutual written agreement. Six months after the final decree, the adoption cannot be challenged.

A stepparent adoption requires consent from the non-custodial biological parent or termination of that parent's parental rights. The stepparent files a petition with the circuit court. If the non-custodial parent consents, the process is relatively straightforward. If consent is not available, grounds for involuntary termination must be proven. Once complete, the stepparent becomes the child's legal parent with full rights and responsibilities.

Home study requirements depend on the type of adoption. Agency adoptions typically require a home study conducted by the placing agency. For stepparent and close relative adoptions, the court may waive the home study requirement. The home study assesses the adoptive home environment to ensure it is safe and suitable for the child.

When the biological father is unknown or cannot be located, specific legal steps must be taken to address his potential parental rights. This may include diligent search efforts and publication notice in a newspaper. Properly addressing paternity is essential to ensure the adoption is legally secure and cannot be challenged later by someone claiming to be the father.

A valid will in Virginia must be in writing, signed by the testator (the person making the will) who is at least 18 years old and of sound mind. The testator must sign in the presence of two witnesses, who must then sign the document in the testator's presence. Handwritten (holographic) wills are valid if entirely in the testator's handwriting and signed.

Not necessarily. A will is sufficient for many families. A trust may be beneficial if you want to avoid probate, maintain privacy about your assets, have complex family situations, or need to provide for a loved one with special needs without affecting their government benefits. The right choice depends on your specific circumstances, goals, and the size and complexity of your estate.

A General Durable Power of Attorney gives your agent broad authority to handle virtually all your financial and legal affairs, including managing assets, paying bills, and making contracts. A Specific Power of Attorney limits your agent's authority to particular transactions or types of decisions that you specify. General powers are more common for incapacity planning.

Your healthcare agent should be someone you trust to make medical decisions according to your wishes, even under difficult circumstances. Choose someone who understands your values regarding medical treatment and end-of-life care, is willing to serve, can be reached in an emergency, and will advocate for your wishes even if others disagree. Name an alternate in case your first choice cannot serve.