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You are here: Library >> Divorce / Separation >> Virginia Divorce Laws
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Virginia Divorce Laws

Divorce Law Basics in the State of Virginia

Also See: Virginia Marriage Laws

Articles about 'Divorce / Separation'
Divorce Laws in All 50 States: Click Your State's Link to View the Divorce Statutes that Affect You
Divorce Glossary: Understanding Legal Terminology Related to Divorce
What is No Fault and At Fault Divorce?: Understanding the Difference
Defenses to Divorce: Affirmative Defenses to At-Fault Divorce Allegations
The Effects of Divorce on Children: How to Help Your Child Adjust to the Transition of Divorce
What is a Bifurcated Divorce?: Splitting Your Dissolution Case into Parts
FAQ: What Is An "Agreed" or "Uncontested" Divorce?: Frequently Asked Questions About Divorce
FAQ: How Do I File for Divorce if My Spouse is Missing?: Frequently Asked Questions About Divorce
Is A Do-It-Yourself Divorce Right For You?: How To Know If You Can Do Your Own Divorce
FAQ: Is property that I acquired during a separation considered to be marital property?: Frequently Asked Questions About Separation and Divorce
Types of Separation: Understanding Your Options When You Decide to Split Up
Separation Agreements: How To Draft Your Own Agreement of Separation
FAQ: What's the difference between a divorce and a legal separation?: Frequently Asked Questions About Divorce and Separation
Book Review: Taking Space: How to Use Separation to Explore the Future of Your Relationship
Book Review: Should I Stay Or Go?: How Controlled Separation Can Save Your Marriage
Lower Your Chances of Divorce: Tips to Keep Your Marriage Going Strong
The Basics of Property Distribution: What Happens to Your Stuff When You Divorce?
Collaborative Divorce: A New Approach to Conflict Resolution
Mediation: An Alternative to Divorce Litigation
Book Review: Divorce and Money: Everything You Need to Know About Splitting Up Your Assets
Book Review: Building A Parenting Agreement That Works: How to Put Your Kids First When Your Marriage Doesn't Last
Book Review: Your Right to Child Custody, Visitation and Support: The Easy Guide to Custody, Support and Visitation Rights
FAQ: What's the difference between divorce and annulment?: Frequently Asked Questions About Divorce and Annulment

Statute: Virginia State Divorce Code (Title 20, Chapter 6): leg1.state.va.us

No-Fault Grounds:

  • Living separately without cohabitation for at least one year
  • Living separately without cohabitation for at least six months with a legal separation agreement and without children

At-Fault Grounds:

  • Adultery
  • Conviction of a felony subsequent to the marriage and sentenced to confinement for one year or more
  • Cruelty or willful desertion or abandonment for at least one year

Residency:  Either party must be a resident of the county at the time of filing

Legal Separation Recognized? Yes. Alimony, property distribution and child support can be awarded.

Counseling Requirements: The court may require the parties to attend an educational seminar when a child is involved.

Property Distribution: Virginia relies on "equitable distribution" so the court will distribute the marital property "in an equitable manner if the parties can't agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance)  is not included in property distribution. Fault may be considered.

Alimony: Alimony may be awarded to either party at the discretion of the court. Fault may be considered.


  Tags : virginia, divorce, divorce laws, alimony, property distribution, legal separation, at fault / no fault divorce, marriage
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