Residency Requirements

When filing for divorce in Virginia, one spouse must have been a resident of the state for at least six months.

Grounds

Virginia’s no-fault ground for divorce is living separate and apart without cohabitation for one year.

Some of Virginia’s fault-based grounds for divorce include, but are not limited to, adultery, conviction of a felony, imprisonment for one year and cruelty.

Child Custody

Virginia’s courts support the concept of joint legal custody, which affords both of the parents a right to be involved in the decision-making process regarding their child’s upbringing. Joint legal does not always insure equal custody time between the parents. As long as the child’s best interests are preserved, the court will generally approve custody agreements reached by the parents.

Child Support

Virginia’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. The child support payments will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.

Mediation

In a pending divorce, either party may file a motion requesting mediation of the disputed issues in their case. The parties may choose to submit any or all of the contested issues to mediation prior to the initiation of divorce proceedings. This will insure that the case will proceed in court on an uncontested basis.

Filing Fees

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.