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Divorce in Virginia
If you are reading this, you have been
thinking about this for a while.
That is okay. Most people sit with the idea of a divorce for months before they reach out to anyone. When you are ready to talk, we are here. No pressure, no judgment. Just plain answers about what comes next.
First call is a conversation, not a commitment.
You Are Not Alone
Thousands of Virginia families go through this every year. None of them are doing it alone, and neither are you.
6 mo.
Virginia residency
required to file
required to file
Va. Code § 20-97
1 yr.
Separation needed
with minor children
with minor children
Va. Code § 20-91
Most
Virginia divorces
settle without trial
settle without trial
Avoiding court saves money
50+
Years of combined
experience at the firm
experience at the firm
Across three NoVa offices
Two Paths in Virginia
Virginia recognizes two kinds of divorce.
Most people only need to know about the second one. Here is the honest, plain version of both, so you can see the difference at a glance.
Type 01 · Limited Divorce
Divorce from Bed and Board
a mensa et thoro
What it isA legal separation issued by a court. You stay legally married.
Used forCases of cruelty or desertion when an absolute divorce is not yet available.
Lets youSet support, settle some property issues, and protect your finances.
Does notLet either spouse remarry. The marriage still legally exists.
Convert?After one year from the date of separation, you can ask the court to make it absolute.
Type 02 · Complete Divorce
Absolute Divorce
a vinculo matrimonii
What it isA full and final divorce. The marriage is over in every legal sense.
Used forThe vast majority of cases. This is the divorce most people are asking about.
Lets youRemarry, fully divide property and debts, and close the chapter.
ResolvesSupport, custody, property division, debts, and any other marital issue.
WhenAfter meeting separation and grounds requirements explained below.
When You Can File
Virginia needs a reason.
You cannot just file because the marriage is over. Virginia law requires a recognized ground. Most divorces today use the no-fault route, which is the simpler path.
No-Fault Divorce
The cleanest, most common route. You file because you have been living apart for the required time. Nobody has to be blamed.
- One year separation if you share minor children
- Six months separation if you have no minor children and a signed Property Settlement Agreement
- You may live "separate and apart" under the same roof in Virginia, as long as certain conditions are met
- No blame is assigned, no testimony about who did what
Va. Code § 20-91(A)(9)
Fault-Based Divorce
Available when something specific has happened. These cases can move faster in some situations, but they require proof and can be more contentious.
- Adultery, sodomy, or buggery (can file immediately)
- Felony conviction with confinement of more than one year
- Willful desertion or abandonment, after one year
- Cruelty or reasonable fear of bodily harm, after one year
Va. Code § 20-91(A)(1)-(6)
What Is "Yours"
Marital property versus separate property.
Virginia uses equitable distribution, which means fair, not always equal. The first step is sorting what counts as marital and what stays separate.
Marital Property
Acquired during the marriage
Anything earned or acquired between the date of marriage and the date of separation, no matter whose name is on the title. The court divides this fairly between the two of you.
The home you bought together, or one bought by either of you during the marriage
Earnings, savings, and retirement contributions during the marriage
Debts taken on during the marriage, including credit cards and loans
Vehicles, furniture, and personal property bought together
Va. Code § 20-107.3 · Equitable Distribution
Separate Property
Yours before or apart from the marriage
Property you owned before the marriage, or that came to you as a gift or inheritance for you alone. Separate property stays yours, unless it has been mixed with marital assets.
Anything you owned before you got married
Inheritances received in your name alone, even during the marriage
Gifts given specifically to you by someone other than your spouse
Property kept clearly separate the whole way through
Watch for "transmutation": mixed separate property may become marital
What We Handle
Every kind of Virginia divorce.
From the simplest uncontested case to a complex contested trial. From the first separation agreement to the final retirement order. Here is the work we take on, every day.
01 /
The kind of divorce you are facing.
01
Contested Divorce
When you and your spouse cannot agree on the big issues, the case becomes contested. We prepare carefully, negotiate when we can, and try the case when settlement is off the table.
When You Cannot Agree 02Uncontested Divorce
When both spouses agree on every issue and have a signed agreement, the legal side stays simple. We finish your divorce quickly, often without a single court appearance.
Simpler & Faster 03No Fault Divorce
The most common route in Virginia. File after you have lived apart for the required time, no blame involved. Cleaner, faster, and easier on your family.
Va. Code § 20-91(A)(9) 04Fault Based Divorce
When the law lets you file right away because of adultery, a felony, cruelty, or desertion. We weigh the pros and cons before we ever file on fault grounds.
Va. Code § 20-91(A)(1)–(6)
02 /
Agreements, property, and the real division.
05
Separation Agreements
A separation agreement is the first piece of paper that actually protects you. We draft yours to cover everything, so nothing comes back to bite you later.
First Protection 06Property Settlement Agreements
A Property Settlement Agreement is the foundation of an uncontested divorce. We make sure every asset, debt, and detail is handled the way you intend.
Foundation Document 07Equitable Distribution
Virginia divides property fairly, not always equally. We walk through every factor under Va. Code § 20-107.3 so the split actually reflects your marriage.
Va. Code § 20-107.3 08Asset Division
From bank accounts to family heirlooms, we identify, value, and divide marital assets. The goal is a clean split that holds up the day the divorce is final.
Marital Property 09Marital Home Disputes
The house is often the largest asset and the most emotional. We handle sale, buyout, and exclusive use questions with care, and the math behind each option.
Sale, Buyout, or Use 10Retirement Account Division
401(k)s, pensions, IRAs, and TSPs all have their own rules. We get the order language right so your share is paid the right way, the first time.
QDROs & Court OrdersThe Honest Timeline
What a Virginia divorce actually looks like.
No magic words, no rushing. Here are the phases most cases move through, and how long each phase tends to take.
Phase 01
Considering
Thinking, reading, talking to a friend, asking a lawyer one question.
Weeks to monthsPhase 02
Separation
You begin living separate and apart. The clock on the required waiting period starts.
6 to 12 monthsPhase 03
Filing & Service
The complaint is filed in the right Circuit Court and served on your spouse.
Days to weeksPhase 04
Settle or Try
Most cases settle by agreement. The rest go to trial on the contested issues.
3 to 12 monthsPhase 05
Final Order
The court enters the Final Decree of Divorce. You can move forward.
1 to 3 monthsThe Real Cost
What does a divorce actually cost?
Honest answer: it depends, and any lawyer who quotes a flat number without knowing your case is guessing. Here is what raises the cost, and what lowers it.
↓ Lowers the cost
You and your spouse can agree
- You have a signed Property Settlement Agreement before filing
- The case is uncontested with no minor children
- You both use mediation or collaborative divorce
- Your finances are simple and well documented
- Communication between spouses is respectful
↑ Raises the cost
The case is contested or complex
- Custody or visitation is in dispute
- Significant assets need valuation: business, real estate, retirement
- The case requires expert witnesses or forensic accounting
- One spouse is uncooperative or hiding assets
- The case proceeds to a full trial
Our promise on this. We tell you up front what your case looks like, what it will likely take, and how to keep the cost as low as your situation allows. We do not pad a case to run up hours, and we will tell you when settling is the smarter move.
Alisa Chunephisal, Esq.
Family Law Attorney
Attorney Insights
A few things I wish people knew on day one.
"Day one matters. The choices you make in the first thirty days of a separation often shape the next two years of your case."
-
1
Do not move out before you talk to a lawyer
Leaving the home can hurt your case in ways that are hard to fix. Custody, support, and your share of the house can all be affected by who moved out and when. A short call before you pack a bag can save you months later.
-
2
Settle when you can, fight when you must
Most Virginia divorces never see a trial, and that is a good thing. A settled case is usually faster, less expensive, and easier on your kids. We push for the right settlement, and we go to trial only when the alternative is worse for you.
-
3
The agreement you sign today follows you for years
A separation or property settlement agreement controls who gets what, who pays what, and who lives where, long after the ink dries. Read every line. We make sure nothing slips through that you will regret later.
Why Families Trust Us
Built on experience, expertise, and a real track record.
A divorce attorney is someone you put a lot of trust in. Here is what we bring to the table.
Experience
50+
Years Combined
Decades of Virginia family law work behind every case we take, across the Northern Virginia courts.
Expertise
100%
Family Law Focus
We do this work and nothing else. The statutes, the judges, the procedures: this is the entire practice.
Authority
AV
Preeminent Rated
Martindale-Hubbell AV Preeminent, Super Lawyers, Avvo 10.0, and Best of the Best Top 10 Family Law Firm.
Trust
5★
Verified Reviews
Real reviews from real Virginia clients. We earn each one by showing up, listening, and doing the work.
Recognition
Honored by clients and peers, year after year.
★★★★★
"She was responsive when I needed a response and looked out for my best interests. She was direct about how the process would go. I have already recommended her to friends."
Verified Client Review
Questions People Actually Ask
The honest answers, no legal speak.
These are the questions we hear at the first call. If you have a different one, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
How long does a divorce take in Virginia?
It depends on whether the divorce is contested. An uncontested divorce, where both spouses agree on the terms, can be finalized within one to three months once the separation period is met. The required separation is one year with minor children, or six months without minor children if both spouses have signed a settlement agreement. A contested divorce typically takes twelve to eighteen months, sometimes longer if it goes to trial.
How much does a divorce cost in Virginia?
A Virginia divorce can cost anywhere from a few hundred dollars to tens of thousands, depending on how much you and your spouse can agree on. Uncontested divorces with a signed settlement agreement are the least expensive. Contested cases that go to trial cost the most, because they require more discovery, motions, expert witnesses, and court time. Mediation and collaborative divorce usually fall somewhere in between.
What is the difference between a contested and uncontested divorce?
An uncontested divorce means both spouses agree on every issue, including property, support, and custody, and have signed a settlement agreement. It can be completed quickly and without going to court. A contested divorce means there is at least one issue the spouses cannot resolve on their own. The court then decides any unresolved issues at trial.
Can I get divorced without going to court in Virginia?
Yes, in most cases. If you and your spouse sign a separation agreement covering all issues, your divorce can be finalized in Virginia by submitting the paperwork to the court without a hearing. Mediation and collaborative divorce are two structured ways to reach that agreement. Litigation is usually only needed when issues remain unresolved.
What is considered marital property in Virginia?
Under Virginia Code § 20-107.3, marital property includes most assets and debts acquired by either spouse from the date of marriage to the date of separation, regardless of whose name is on the title. Separate property includes anything owned before the marriage or received as a gift or inheritance to one spouse alone. Marital property is divided through equitable distribution, which means fair, but not always equal.
When You Are Ready
Take a breath. Then take the next step.
A first call is a conversation, not a commitment. Tell us what is going on, and we will help you see your options clearly. Three offices across Northern Virginia, one phone number.