The Divorce Process in Virginia
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Understanding
The Divorce Process in Virginia
Divorce is a challenging experience, but understanding the process in Virginia can help you approach it with clarity and confidence. Virginia has specific laws and requirements governing divorce, and knowing what to expect can make all the difference in achieving a fair outcome. Here’s a comprehensive overview of the divorce process in Virginia.
1. Grounds for Divorce
Virginia allows for both no-fault and fault-based divorces:
- No-Fault Divorce: Requires spouses to live separately for at least one year. This period may be reduced to six months if there are no minor children and the couple has a written separation agreement.
- Fault-Based Divorce: Grounds include adultery, desertion, cruelty, or a felony conviction resulting in incarceration of at least one year. Proving fault can impact property division and spousal support.
2. Separation Period
In Virginia, physical separation is often required before filing for a no-fault divorce. This means the couple must live in separate residences and avoid marital relations during this time.
3. Filing for Divorce
The process begins with one spouse (the plaintiff) filing a Complaint for Divorce in the circuit court of the county where either spouse resides. The plaintiff must meet Virginia’s residency requirement, which mandates at least six months of continuous residence in the state prior to filing.
4. Serving Divorce Papers
The other spouse (the defendant) must be formally served with divorce papers. This can be done through:
- A sheriff’s deputy.
- A private process server.
- Certified mail with proof of receipt.
Once served, the defendant has the opportunity to respond to the complaint.
5. Resolving Key Issues
Before finalizing a divorce, several important issues must be resolved, either through negotiation, mediation, or court intervention:
- Property Division: Virginia follows equitable distribution, meaning assets and debts are divided fairly but not necessarily equally.
- Spousal Support: Factors such as the length of the marriage, financial need, and earning potential are considered.
- Child Custody and Support: The court prioritizes the best interests of the child, addressing both physical and legal custody as well as financial support obligations.
6. Uncontested vs. Contested Divorce
- Uncontested Divorce: Both spouses agree on all terms, making the process quicker and less expensive.
- Contested Divorce: Disputes require court intervention and may involve lengthy litigation.
7. Finalizing the Divorce
Once all issues are resolved, the court issues a Final Decree of Divorce, officially ending the marriage. For uncontested cases, this can be a straightforward process. For contested divorces, a trial may be necessary to reach a resolution.
8. Post-Divorce Considerations
After the divorce is finalized, you may need to address additional matters, such as:
- Updating legal documents (e.g., wills, power of attorney).
- Adjusting financial accounts and beneficiary designations.
- Ensuring compliance with custody, support, or property division orders.
Why Choose SMITH | ASHCRAFT?
Navigating the divorce process in Virginia can be complex, but you don’t have to face it alone. At SMITH | ASHCRAFT, we’re here to provide the guidance, advocacy, and support you need every step of the way. Our experienced attorneys are dedicated to protecting your rights and helping you achieve the best possible outcome.

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Grounds for Divorce
In Virginia, grounds for divorce or separation can be categorized into two main types: fault and no-fault grounds.
Learn more about what type of divorce would best represent your situation.
Separation
In Virginia, there is no “legal separation” like other states have. When we talk about separation, we are talking about when one spouse intended to no longer be married. Learn more about the important points you should consider in a seperation.
Property Division
One of the most complicated issues in divorce is the division of property. This includes the division of debt as well. Lawyers and judges call this equitable distribution. This means that property and debts are not necessarily divided equally. Rather, it will be done “equitably.” Learn more about how your property and assets may be divided in a divorce.
Spousal Support
Because divorce creates two households, each with its own set of expenses, there is often a need for one spouse to receive spousal support, sometimes called alimony. The primary reason for a court to award spousal support is to help ensure that both parties continue to live a similar standard of living to the standard they enjoyed during the marriage. Learn more about the factors that contribute to determining spousal support and how this may impact your case.
Military Divorce
First of all, thank you to our military servicemembers and their families for the many sacrifices your service includes.
Military service comes with additional, special considerations in a divorce matter. There are federal statutes and rules that take priority over the normal state laws governing divorce.
Learn more about the special considerations taken when it comes to a military divorce.
Name Change
An adult may legally change his or her name in Virginia. This can be done as part of a divorce or in a separate filing.
Learn more about name changes and how we can help you in this process.
Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements directly impact your rights and obligations in the event of a divorce. Learn more about the complexity of these agreements and how they impact your case.
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At SMITH | ASHCRAFT, we are proud to offer comprehensive legal services throughout Virginia. Whether you’re in Richmond, Northern Virginia, the far reaches of Roanoke, or any other part of the state, our experienced team is here to provide experienced representation tailored to your unique needs. No matter where you are in Virginia, we’re committed to delivering the same high level of service and dedication to each client, ensuring your case receives the attention it deserves.

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