Virginia Family Law Attorneys

At DearLegal, we connect you with experienced Virginia family law attorneys who can navigate Virginia’s separation requirements and equitable distribution. Whether you’re in Virginia Beach, Norfolk, Chesapeake, Arlington, Richmond, or anywhere in the Commonwealth, we’ll match you with the right attorney — at no cost to get started.

No-fault divorces require either 1 year of separation OR 6 months separation with no minor children and a signed separation agreement. After the separation is complete, uncontested divorces finalize in 60–120 days. Contested cases generally take 12–18 months.

Yes. Virginia recognizes 1-year separation as a no-fault ground under Va. Code § 20-91(A)(9)(a). With no minor children AND a separation agreement, the no-fault period is reduced to 6 months. Virginia also retains fault grounds: adultery/sodomy/buggery, conviction of felony (with imprisonment of 1+ years), and cruelty or willful desertion (with 1 year passing).

Yes for no-fault — 1 year of continuous separation, or 6 months with no minor children and a signed separation agreement. For fault grounds, no separation period is required but the parties typically must wait 1 year after the fault ground for an absolute divorce.

Virginia is an equitable distribution state. Under Va. Code § 20-107.3, the court divides marital property equitably across 11 factors including contributions to acquisition (monetary and non-monetary), duration, age, mental and physical condition, fault, debts and liabilities, liquidity, tax consequences, and others. Separate property (premarital, gifts, inheritance) is set aside to the owner.

Virginia applies a best-interests standard under Va. Code § 20-124.3 with 10 factors including child’s age, role of each parent, child’s relationships, child’s wishes, mental and physical condition, history of family abuse, willingness to facilitate the other parent’s relationship, and continuing close contact. No preference for any custody arrangement.

Virginia uses Income Shares under Va. Code § 20-108.2. Both parents’ gross incomes are applied to the basic child support schedule with adjustments for shared physical custody (90+ days with each parent), split custody, healthcare, and childcare.

Yes. Custody can be modified on a material change in circumstances. Child support requires substantial change. Spousal support modification depends on the decree — reservation of jurisdiction is common. Property division is final.

Why Do You Need a Family Law Attorney in Virginia?

Virginia has 4 grounds for divorce under Va. Code § 20-91, including 1-year separation (or 6-month separation with no minor children AND a separation agreement) for no-fault, plus 3 fault grounds (adultery, conviction of felony, cruelty/desertion). Residency is 6 months in Virginia (Va. Code § 20-97). Virginia is one of the few states that recognizes "divorce from bed and board" (limited divorce) for fault grounds — separate from absolute divorce. Virginia is an equitable distribution state under Va. Code § 20-107.3 — marital property is divided equitably across 11 factors. Custody is decided under best-interests factors at Va. Code § 20-124.3. Virginia uses Income Shares under Va. Code § 20-108.2.

When Do You Need a Family Law Attorney in Virginia?

Our network includes Virginia family law attorneys who handle every kind of case, including:

Types of Family Law Cases in Virginia

From the moment you connect with a Virginia family law attorney, they go to work protecting your claim. The most common case types we handle:

Engaging in post-separation sexual relations — Virginia treats it as adultery, barring spousal support

Hiding assets — Virginia equitable distribution treats nondisclosure harshly

Posting on social media — Virginia courts use it heavily in fault-based divorces

Communicating ex parte with the judge

Filing in Virginia when the child’s home state under UCCJEA is elsewhere

Missing the 6-month residency requirement under Va. Code § 20-97

Engaging in post-separation sexual relations — Virginia treats it as adultery, barring spousal support

Hiding assets — Virginia equitable distribution treats nondisclosure harshly

Posting on social media — Virginia courts use it heavily in fault-based divorces

Communicating ex parte with the judge

Filing in Virginia when the child’s home state under UCCJEA is elsewhere

Missing the 6-month residency requirement under Va. Code § 20-97

Common Virginia Family Law Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Virginia Family Law Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Family law cases in Virginia are not handled on contingency. Virginia Rule of Professional Conduct 1.5(d)(1) — patterned on ABA Model Rule 1.5(d) — prohibits contingent fees in domestic relations matters where the fee is contingent on securing a divorce or on the amount of alimony, support, or property settlement. Virginia family law attorneys charge hourly (billed against a retainer) or a flat fee for uncontested matters. Courts may award fees under Va. Code §§ 20-99 and 20-79.

What Can Your Virginia Family Law Compensation Include?

Property Division

Equitable distribution under Va. Code § 20-107.3 — 11-factor analysis including fault. Separate property exempt.

Spousal Support

Awarded under Va. Code § 20-107.1 — court discretion. Adultery generally bars spousal support absent manifest injustice.

Child Support

Va. Code § 20-108.2 Income Shares with shared physical custody adjustments at 90+ days per parent.

Custody and Parenting Time

Legal and physical custody under Va. Code § 20-124.3’s 10 best-interests factors.

Attorney’s Fees

Virginia courts award fees in domestic relations under Va. Code §§ 20-99 and 20-79 based on financial resources and conduct.

Protective Orders

Family Abuse Protective Orders under Va. Code § 19.2-152.8 — ex parte and 2-year orders (extendable).

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Virginia Family Law Attorneys

Why Do You Need a Family Law Attorney in Virginia?

When Do You Need a Family Law Attorney in Virginia?

Types of Family Law Cases in Virginia

Common Virginia Family Law Mistakes

How Much Do Virginia Family Law Attorneys Cost?

What Can Your Virginia Family Law Compensation Include?

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