Virginia Family Law · Metro Richmond & Central Virginia

Divorce Lawyers in Virginia

Divorce in Virginia is rarely simple. Jacob and Drew personally lead every case alongside their paralegal, guiding you through Virginia divorce laws, your grounds for filing, property division, and what comes next, with straightforward billing and a same business day response.

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Divorce in Virginia

A steady hand through every kind of Virginia divorce

Whether you are facing an uncontested divorce you both agree on or a contested case with children, property, and support on the line, the path runs through the same Virginia laws. Understanding those laws early is what protects you.

Smith | Ashcraft is a family law firm serving Metro Richmond and Central Virginia. We handle uncontested and contested divorce, fault based cases, military divorce, and high asset matters. With more than 15 years of combined Virginia family law experience, Jacob and Drew build the strategy around your priorities, not a template.

Where we help: divorce clients across Metro Richmond and the rural counties of Central Virginia, in courts throughout the region.

How we bill: transparent hourly rates and clarity about the initial retainer, with flexible payment options including Affirm financing. Payment plans are available for divorce matters with sufficient assets.

What happens first: you request a callback, we listen, and we give you an honest read on your situation. There is no premature pressure to schedule or sign anything.

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Virginia Divorce Laws

Virginia divorce laws: what you need to know

The state of Virginia divorce laws set the ground rules for who can file, on what basis, and how long it takes. Here are the essentials every person considering divorce in Virginia should understand before deciding on a path.

6 mo
Residency requirement
At least one spouse must be a bona fide resident and domiciliary of Virginia for the six months immediately before filing.
1 yr
Standard separation
For a no fault divorce, spouses must live separate and apart without cohabitation and without interruption for one year.
6 mo
Shortened separation
Reduced to six months only when there are no minor children and the spouses have signed a written separation agreement.
Fair
Equitable distribution
Virginia is not a community property state. Marital property is divided fairly, which is not always an even 50/50 split.
Grounds for Divorce

Grounds for divorce in Virginia

Virginia recognizes both no fault and fault based grounds for divorce under Virginia Code § 20-91. The grounds you file on shape your timeline and can influence support and property decisions, so the choice matters.

No fault grounds

No fault divorce is based on living separate and apart, with no need to prove wrongdoing. It is the most common path in Virginia.

  • One year of continuous separation without cohabitation, or
  • Six months if you have no minor children and sign a written separation agreement
  • The separation must be genuine and uninterrupted

Fault based grounds

Fault grounds require proof of wrongdoing and can be considered by the court in determining division of assets and spousal support.

  • Adultery, or sodomy or buggery committed outside the marriage
  • Cruelty or reasonable apprehension of bodily hurt
  • Willful desertion or abandonment
  • Felony conviction with confinement of more than one year

Grounds for immediate divorce in Virginia

Virginia allows for either spouse to file for divorce at any time based on any grounds. With the exception of adultery, a final decree of divorce will not be granted until there has also been one year of separation between the parties. This does not mean you cannot act quickly to get legal relief, it just means that you have to wait for the divorce to be final.

Not sure which grounds apply to your situation?

Tell us what is going on. We will give you a clear, honest read, usually the same business day.

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The Process of Divorce in VA

The divorce process in Virginia, step by step

Every case is different, but most Virginia divorces move through the same stages. Knowing the sequence takes some of the fear out of it.

1

Establish grounds

Confirm residency, decide between a no fault or fault based path, and, for no fault, begin the separation period.

2

File the complaint

One spouse files a complaint for divorce in the appropriate Virginia circuit court, and the other spouse is formally served.

3

Resolve the issues

Property division, spousal support, and, when children are involved, custody and child support are negotiated or litigated.

4

Final decree

The court enters a final decree of divorce, making the terms binding and ending the marriage.

The Cost of Divorce

What does a divorce cost in Virginia?

The honest answer is that it depends. Family law is unpredictable, and no reputable firm can promise a single flat number up front. What drives cost is how much the two sides disagree.

An uncontested divorce, where both spouses agree on the terms, is the most affordable and fastest route. A contested divorce, with disputes over property, support, or custody, takes more time and therefore costs more.

Our approach to billing: transparent hourly rates and clarity about the initial retainer. We are straightforward about what drives cost so there are no surprises.

Payment flexibility: flexible payment options including Affirm financing, and payment plans for divorce matters with sufficient assets.

The best way to control cost is to resolve what you can by agreement and reserve the fight for what truly matters. That is exactly how we work a case.

Explore Divorce Topics

Go deeper on your specific situation

Divorce touches many separate questions. Follow the topic that fits where you are right now.

Contested & Uncontested Divorce

How an uncontested divorce works in Virginia, how long it takes, and what changes when a case becomes contested.

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Prenuptial & Postnuptial Agreements

Protect assets and set expectations with a Virginia prenuptial or postnuptial agreement, before or during marriage.

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Spousal Support & Alimony

How Virginia spousal support is decided, what factors courts weigh, and how fault such as adultery can affect an award.

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Legal Separation

Virginia separation agreements, how separation works, and how it sets up your eventual divorce.

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Property Division

Why Virginia is an equitable distribution state, how marital property is divided, and why 50/50 is not automatic.

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Child Custody & Support

When children are part of a divorce, custody, visitation, and support follow their own rules. Start with our family law resources.

Learn more →
Special Situations

Divorce is not one size fits all

Some divorces carry added layers. We handle these situations regularly and know where the pitfalls are.

Military divorce

Service members and military spouses face unique rules on residency, service of process, deployment, and the division of military pensions. We navigate both Virginia law and the federal protections that apply to military families.

Annulment vs divorce

An annulment treats a marriage as though it never legally existed, available only on narrow grounds such as bigamy, fraud, or duress, and usually within two years. Unlike divorce, annulment does not divide marital property or award support. We help you understand whether it is even an option.

High asset divorce

Business interests, retirement accounts, real estate, and complex marital estates require careful valuation and, often, a QDRO to divide retirement fairly. Getting the numbers right protects your future.

Your Legal Team

The attorneys handling your case

You will not be handed off to a rotating cast. Jacob and Drew personally lead every case alongside their paralegal, Christy, so you always know who is working for you.

Jacob E. Smith

Managing Partner

Licensed for over 14 years, Jacob brings deep Virginia family law experience to divorce, custody, and support matters across Central Virginia.

Drew Ashcraft

Partner

A partner focused on practical, client centered outcomes, Drew works alongside Jacob on divorce and family law cases throughout the Richmond metro.

Christy Adams

Paralegal & Intake Coordinator

Christy is often your first point of contact, coordinating intake and keeping your case organized and moving from day one.

Meet the Firm
Common Questions

Frequently asked questions about divorce in Virginia

Virginia allows either spouse to file for divorce at any time based on any grounds. With the exception of adultery, a final decree of divorce will not be granted until there has also been one year of separation between the parties. Filing early does not make the divorce final any faster, but it can let you ask the court for legal relief, such as support or custody arrangements, while the separation period runs.
An uncontested divorce is one where both spouses agree on all the key terms, including property division, support, and any parenting arrangements. Because there is nothing for a judge to decide by trial, it is the fastest and most affordable path. Many uncontested divorces in Virginia can proceed on the six month separation timeline when there are no minor children and a written separation agreement is in place.
The main driver is the required separation period. A no fault divorce needs one year of separation, or six months with no minor children and a signed agreement. After the separation period, an uncontested case can often be finalized in a matter of weeks to a few months, while a contested case with disputes over property, support, or custody can take considerably longer.
No. Virginia is an equitable distribution state, not a community property state. That means marital property is divided fairly based on a set of statutory factors, which is not always an even 50/50 split. A court can award different shares, such as 60/40, depending on the circumstances of the marriage.
Adultery is a fault ground that allows an immediate filing, but it must be proven by clear and convincing evidence, and courts will not grant it on the accusing spouse's testimony alone. A proven adultery finding generally bars the offending spouse from receiving permanent spousal support, except where denying support would be a manifest injustice. Money a spouse spent on an affair can also be treated as waste of marital assets when property is divided.
For a no fault divorce, yes. There must be separation and the intent of at least one of you for the separation to be permanent. Separation can include in-home separation. There is no longer a minimum separation period before you file. The separation period still remains before a divorce can be final.
A divorce ends a valid marriage. An annulment declares that a marriage was never legally valid to begin with, and it is available only on narrow grounds such as bigamy, incest, fraud, duress, or impotency, usually within two years of the marriage. Because an annulment treats the marriage as though it never existed, a court generally cannot divide marital property or award spousal support the way it can in a divorce.
Cost depends on how much the two sides disagree. An uncontested divorce is the most affordable, while a contested case involving property, support, or custody disputes takes more time and costs more. We work on transparent hourly rates and are clear about the initial retainer, with flexible payment options including Affirm financing and payment plans for matters with sufficient assets.
Request a Callback

Talk to a Virginia divorce lawyer

Tell us a little about your situation and we will reach out, usually the same business day. There is no pressure and no obligation to move forward.

  • Jacob and Drew personally lead every case
  • Straightforward billing and clear retainer expectations
  • Flexible payment options including Affirm financing
  • Serving Metro Richmond and Central Virginia

Prefer to call? Reach us at (804) 773-1751, Monday through Friday, 9:00 AM to 5:00 PM.

Submitting this form does not create an attorney-client relationship. We respond during business hours, Monday through Friday.

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Smith | Ashcraft
1231 Alverser Drive
Midlothian, VA 23113

Hours

Monday – Friday
9:00 AM – 5:00 PM
Serving Metro Richmond & Central Virginia

The information on this page is general and educational and is not legal advice for your specific situation. Reading it or contacting Smith | Ashcraft does not create an attorney-client relationship. For advice about your circumstances, speak with a licensed Virginia attorney.