How long must we be separated before a divorce can be granted in Virginia?

A no-fault divorce from the bond of matrimony (a final divorce) requires one year of continuous separation without cohabitation. The period drops to six months if you have signed a separation agreement and there are no minor children. Va. Code § 20-91(A)(9)(a). Since July 1, 2026, either spouse may file for a divorce from bed and board as soon as the parties separate, provided at least one of them intends the separation to be permanent. Va. Code § 20-95. A bed and board decree does not end the marriage, and a final divorce is still subject to the separation periods above. Related: Changes to Virginia Divorce Law on July 1, 2026.

Does adultery still matter in a Virginia divorce?

Yes, but the 2026 amendments narrowed it. Adultery is now a ground for divorce only if it occurred before the parties’ last separation. Va. Code § 20-91(A)(1). Adultery can also affect spousal support. Permanent support is generally barred for a spouse against whom an adultery ground exists, unless the court finds by clear and convincing evidence that denying support would be a manifest injustice. Va. Code § 20-107.1(B). Whether to plead fault is a strategic decision, and it should be made early. Related: Repair or File? How Marital Conduct Affects a Virginia Divorce.

Is there a presumption of joint custody in Virginia?

No. The court may award joint legal, joint physical, or sole custody, but the statute provides that “there shall be no presumption in favor of any form of custody,” and no presumption in favor of either parent. Va. Code § 20-124.2(B). The decision rests on the child’s best interests, measured by the factors in § 20-124.3. Related: How Virginia Judges Decide Custody Cases.

What is pendente lite relief?

It is temporary relief ordered while the divorce is pending. Under Va. Code § 20-103, the court may address spousal and child support, custody, exclusive use of the family residence, payment of debts, and orders preserving either spouse’s estate. The pendente lite hearing is often the first contested hearing in a case, and its result can set the terms of everything that follows.

What should I bring to an initial consultation?

Bring whatever you have readily available: recent pay records, the last three years of tax returns, recent account and retirement statements, any agreement you or your spouse has signed (prenuptial, postnuptial, or separation), and any existing court orders. If a business is involved, bring its recent financial statements and tax returns. Incomplete records are common and are not a reason to delay the meeting.