Divorce Lawyers VA | Virginia Family Law Attorneys

Q: Do I have to be separated before I can file for divorce in Virginia?

For a no-fault divorce, the separation period must be complete before the court can grant the divorce. A suit on fault grounds under Va. Code section 20-91 does not require the same waiting period, though the evidentiary burden is higher.

Q: Can a service member stationed in Virginia file for divorce here?

Va. Code section 20-97 addresses domicile for members of the armed forces stationed in Virginia. Whether it applies depends on the length and nature of the assignment and the facts of the individual case.

Q: Is my spouse's military pension divisible in a Virginia divorce?

A Virginia court may treat disposable military retired pay as marital property under 10 U.S.C. section 1408. Whether the Defense Finance and Accounting Service will pay a former spouse directly is a separate question governed by the ten-year overlap requirement.

Q: Why does Virginia require a corroborating witness in a divorce?

Va. Code section 20-99 requires that the grounds for divorce be corroborated. In practice this means a third party with independent knowledge of the separation, or, in some circumstances, documentary corroboration the court accepts.

Q: Does adultery automatically end a spousal support claim in Virginia?

Under Va. Code section 20-107.1(B), proven adultery bars spousal support to the offending spouse unless the court finds by clear and convincing evidence that denying support would constitute a manifest injustice based on the respective degrees of fault and the economic circumstances of the parties.

What Virginia Law Governs in Your Case

Virginia family law is statutory. Understanding which code sections apply to your circumstances tells you more about your likely range of outcomes than any general description of the process.

Issue	Governing statute	What it controls
Grounds for divorce	Va. Code § 20-91	The legal basis on which a divorce may be granted
Residency and domicile	Va. Code § 20-97	Who may file in Virginia, and when
Corroboration of testimony	Va. Code § 20-99	Evidentiary requirement in every Virginia divorce
Spousal support	Va. Code § 20-107.1	Statutory factors, duration, and the adultery bar
Equitable distribution	Va. Code § 20-107.3	Classification and division of marital, separate, and hybrid property
Child support guidelines	Va. Code § 20-108.2	The presumptive support calculation
Custody and visitation	Va. Code § 20-124.3	The best interests of the child factors
Premarital agreements	Va. Code § 20-147 et seq.	Enforceability of prenuptial agreements

Virginia is an equitable distribution jurisdiction, not a community property jurisdiction. Marital property is divided in a manner the court determines to be fair after weighing the statutory factors in § 20-107.3(E). Fair does not mean equal. The court must consider every factor in § 20-107.3(E), but is not required to quantify the weight it assigns to any one of them.

Virginia Family Law Matters the Firm Handles

Divorce

Uncontested divorce. Where the parties have resolved property, support, and custody in writing, the matter can often be concluded on affidavits or depositions without a contested hearing. A signed separation agreement is the working document.

Contested divorce. Where issues remain in dispute, the case proceeds through pleadings, discovery, pendente lite relief, and, if it does not resolve, trial before a Circuit Court judge.

Fault and no-fault grounds. Section 20-91 provides no-fault grounds based on living separate and apart, and fault grounds including adultery, cruelty, desertion, and felony conviction. Under § 20-107.1(B), a finding of adultery is a statutory bar to spousal support for the offending party, subject to the manifest-injustice exception in that subsection.

Separation and Separation Agreements

The separation period is one year, or six months where the parties have no minor children and have executed a separation agreement. A marital settlement agreement fixes property division, support, and parenting terms by contract; a court reviewing an agreement applies contract principles, and unwinding a signed agreement later is difficult.

Property Division and Complex Assets

Classification comes before division. The firm handles matters involving:

Retirement and pension accounts requiring a Qualified Domestic Relations Order
Closely held business interests
Stock options and restricted stock units
Real property and hybrid assets subject to tracing
Assets located outside the United States

Military Divorce

Virginia's Hampton Roads and Northern Virginia commands generate a distinct body of family law questions.

Residency. Section 20-97 addresses domicile for service members stationed in Virginia, which can establish the right to file here.

Retired pay. The Uniformed Services Former Spouses' Protection Act, 10 U.S.C. § 1408, permits a state court to treat disposable military retired pay as marital property. Direct payment from the Defense Finance and Accounting Service requires ten years of marriage overlapping ten years of creditable service — a payment mechanism, not a rule about entitlement.

Stays. The Servicemembers Civil Relief Act, 50 U.S.C. § 3931 et seq., governs default judgments and stays where military duty materially affects the ability to appear.

Child Custody, Visitation, and Relocation

Legal custody is decision-making authority. Physical custody is where the child lives. Courts apply the ten factors in § 20-124.3 and must communicate the basis of the decision. Relocation matters require notice to the court and the other parent and are decided on the same best interests standard.

Child Support and Spousal Support

Child support begins from the income shares schedule in § 20-108.2 using gross monthly income, work-related child care, and health insurance premiums for the children. Deviation requires written findings. Spousal support has no formula; § 20-107.1(E) lists the factors the court weighs.

Related Matters

Paternity, guardianship of a minor, grandparent and third-party custody petitions, custody and support modification, enforcement and contempt proceedings, wage withholding, and protective orders.

Matter	Court
Divorce, annulment, equitable distribution	Circuit Court
Custody, visitation, and support before a divorce is filed	J&DR District Court
Custody and support joined with a pending divorce	Circuit Court
Family abuse protective orders	J&DR District Court
Protective orders not involving family or household members	General District Court
Emergency protective orders	Magistrate, or a judge of the J&DR or General District Court
Appeal from J&DR	Circuit Court, heard de novo

Matter

Court

Divorce, annulment, equitable distribution

Circuit Court

Custody, visitation, and support before a divorce is filed

J&DR District Court

Custody and support joined with a pending divorce

Circuit Court

Family abuse protective orders

J&DR District Court

Protective orders not involving family or household members

General District Court

Emergency protective orders

Magistrate, or a judge of the J&DR or General District Court

Appeal from J&DR

Circuit Court, heard de novo

The Virginia Divorce Process, Step by Step

Confirm residency and domicileOne party must satisfy § 20-97 before filing.

Establish the date of separationThis date closes the marital estate for classification purposes. Confirm it in writing.

Identify groundsNo-fault by separation period, or a fault ground under § 20-91.

File the Complaint and effect serviceVirginia uses "Complaint," not the retired term "Bill of Complaint."

Seek pendente lite relief if neededTemporary custody, support, and use of the marital residence while the case is pending.

Exchange disclosure and conduct discoveryInterrogatories, requests for production, subpoenas, depositions, and valuation work where assets require it.

Negotiate, mediate, or try the caseMost matters resolve by agreement; some do not.

Entry of the Final DecreeCorroborating testimony is required under § 20-99. Retirement division is implemented by a separate QDRO or comparable order.

Five Locations Across the Commonwealth

All locations are by appointment only. Call (888) 437-7747 to arrange a time.

Fairfax

4008 Williamsburg Court
Fairfax, VA 22032

(703) 636-5417

Arlington

1655 Fort Myer Dr, Suite 700, Room 719
Arlington, VA 22209

(703) 589-9250

Ashburn

20130 Lakeview Center Plaza, Room 403
Ashburn, VA 20147

(571) 279-0110

Richmond

7400 Beaufont Springs Drive, Suite 300, Room 395
Richmond, VA 23225

(804) 201-9009

Woodstock

505 N Main St, Suite 103
Woodstock, VA 22664

(888) 437-7747

The firm also maintains locations in Maryland, New Jersey, and New York.

Who Handles Virginia Family Law Matters

Mr. Sris

Owner and Founder · Former Prosecutor

Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

Mr. Sris founded the firm in 1997 and practices in family law and criminal defense. He testified in support of 2019 Virginia House Bill 635, for which the chief patron was Delegate David Bulova. His practice covers domestic relations matters in Virginia Circuit Courts and Juvenile and Domestic Relations District Courts.

Kristen M. Fisher

Of Counsel

Admitted in Virginia and Maryland.

Former Maryland Assistant State's Attorney. Her practice includes divorce and family law, criminal defense, and traffic matters. She handles Virginia domestic relations matters in Circuit Court and in Juvenile and Domestic Relations District Court.

Frequently Asked Questions

Do I have to be separated before I can file for divorce in Virginia?

For a no-fault divorce, yes — the separation period must be complete before the court can grant the divorce. A suit on fault grounds under § 20-91 does not require the same waiting period, though the evidentiary burden is higher.

Can a service member stationed in Virginia file for divorce here?

Section 20-97 addresses domicile for members of the armed forces stationed in Virginia. Whether it applies depends on the length and nature of the assignment and the facts of the individual case.

Is my spouse's military pension divisible in a Virginia divorce?

A Virginia court may treat disposable retired pay as marital property under 10 U.S.C. § 1408. Whether the Defense Finance and Accounting Service will pay a former spouse directly is a separate question governed by the ten-year overlap requirement.

Why does Virginia require a corroborating witness in a divorce?

Section 20-99 requires that the grounds for divorce be corroborated. In practice this means a third party with independent knowledge of the separation, or, in some circumstances, documentary corroboration the court accepts.

Does adultery automatically end a spousal support claim in Virginia?

Under § 20-107.1(B), proven adultery bars spousal support to the offending spouse unless the court finds, by clear and convincing evidence, that denying support would constitute a manifest injustice based on the respective degrees of fault and the economic circumstances of the parties.

Which Virginia court decides custody if no divorce has been filed?

The Juvenile and Domestic Relations District Court. Once a divorce suit is pending, the Circuit Court may take up custody and support.

Can we agree on everything and skip court in a Virginia divorce?

No. A separation agreement is a contract. Only a Circuit Court judge can enter a Final Decree of Divorce. An uncontested matter with a complete agreement can often be finalized without a courtroom appearance.

What happens to the marital home while the case is pending?

Either party may request exclusive use and possession by pendente lite motion. The court decides on the circumstances presented, including arrangements for any children.

Can support be changed after the divorce is final?

Child support and, in most cases, periodic spousal support are modifiable on a material change in circumstances. Property division under a final decree generally is not.

Can I restore my former name?

Yes, on request in the pleadings, the Final Decree can include an order restoring a former name.

Divorce Lawyers in Virginia: Family Law Representation Across the Commonwealth