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Significant changes to Virginia divorce law occurred this year. Starting July 1, 2026, Spouses will no longer need to have “fault” to get immediate help. Virginia divorce law has two forms of divorce; a divorce from “bed and board,” or a  “full/final” divorce. A full divorce requires a year of separation unless fault exists, six months of separation if they do not have children and have a written separation agreement. Fault grounds entitling a spouse to an immediate divorce are adultery or a year or more of incarceration for a felony. These time requirements prevent people from asking the court for relief when they have separated but have not been separated long enough. Divorce attorneys frequently use the divorce from bed and board as a work around to gain access to a court to start to gather information and get temporary relief. A divorce from bed and board ends the marriage without giving the parties the right to remarry or the court the ability to divide marital property (the assets). Only a full divorce does that. As a result, very few divorce decrees from bed and board are actually entered. The problem with the bed and board divorce under pre-July 2026 law is that a party still needed to allege (lay out) fault grounds. Specifically, the spouse had to show cruelty, desertion, or abandonment. This often resulted in attorneys drafting very “thin” allegations of cruelty or desertion, or more often significant exaggeration of events. Unable to properly gain access to the court, parties regularly engaged in “self-help” where they secretly took assets or kicked one another out of the house to gain advantages. The Change Effective July 1, 2026, the law no longer requires fault grounds to file for a divorce from bed and board. If the parties are living separate and apart, with the intent of at least one of them that the separation is permanent, a party can immediately file. This statutory change is a game changer. It provides far more access to the courts for separating parties who simply cannot live together anymore. With easier access to court, timelines and costs should reduce. Even more importantly, hurtful behaviors and overblown allegations should decrease, making the process less traumatic. While divorce can cause parties a great deal of stress, this statutory change should enable divorcing couples to focus more on the business of winding up the relationship and recovery rather than the mechanics of getting into court. This post is intended for general informational purposes only and is not legal advice. If you are dealing with a divorce or separation issue in Virginia, please speak with a qualified family law attorney, such as one of ours, about your specific situation.

Divorce is a significant life event, and it is natural to wonder how long the process will take. While the exact time it takes for a divorce to become final depends on a variety of factors and circumstances specific to each case, there is a general timeline that parties usually must follow in Virginia. Separation period The law in Virginia requires divorcing parties to live separately before filing for a no-fault divorce. A no-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. In no-fault cases: The couple must separate for 6 months if they do not have children. The couple must separate for 1 year if they have children. During this separation period, both individuals must live apart (separated) with no cohabitation or reconciliation attempts. At-fault grounds In an at-fault divorce, besides the above, the filing party must allege one or more of the following grounds for divorce: Adultery Cruelty and fear of harm Desertion/abandonment Felony conviction with prison time of 1+ years In a no-fault divorce, the individual filing does not have to allege any grounds for divorce. However, the couple must have separated for the periods of time stated above. Filing for divorce After the separation period, either spouse can file for divorce. This process officially begins with filing a complaint for divorce with the court. Serving papers After filing for divorce, the spouse who filed must notify the other party by giving them divorce papers. A sheriff, a private process server or certified mail are the three ways to serve divorce papers to the other party. The court prohibits any other method. After serving the other party, the court allows that party enough time to respond to the divorce complaint. Negotiations and mediation During this time, the spouses can negotiate or mediate any issues that may come up. This phase allows couples to work through problems using professionals, like a mediator or attorney, to work through matters like property division, spousal support, and child custody. How long this phase takes depends on the complexity of the issues and how contentious the divorce is. Court hearings There could be one or many court hearings, depending on whether the divorce is contested or uncontested (contested means that the party does not agree to the divorce). In addition, clients must take into consideration the court’s schedule and caseload, which can affect the timing of the hearings. Final Decree of Divorce Once the parties agree on their issues or the court decides for them, the court issues a Final Decree of Divorce. This is the legal document that officially ends the marriage. After the court makes the divorce official, the parties must comply with what is in the Decree (for example, the transfer of property from one party to another or other orders stipulated by the court.) It is important to note that the divorce process in Virginia can be faster for uncontested cases. The divorce process takes longer when the case is contested. Cooperating with each other and having the willingness to work through issues and negotiate in good faith can also help speed up the process.

Nobody is going to deny that divorce can be painful. Even couples that aim to “consciously uncouple” and hope for a peaceful divorce go through their own share of frustration, grief and fear over the future. But, contrary to common belief, divorce isn’t all bad. In fact, once you make it through the divorce process (and a bit of a mourning period), you may find that there are some surprising benefits to flying solo again. For example: You may regain a sense of personal identity Every marriage requires compromises, and relationships take time. When you look back on what you gave up in order to make room in your life for your spouse, you may find yourself slowly picking up new hobbies or redefining your style. Or, you may feel free to explore your own identity and interests in ways that you couldn’t do while married. That can ultimately make for a much happier you! You may become a better parent If your children are still minors, you may worry about how the divorce will affect them – but kids do pretty well if the parental conflict is kept to a minimum. In fact, your relationship with your children may thrive in unexpected ways because: You won’t be wasting energy on a doomed relationship and all the tensions and squabbles that go along with that. That will give you more energy to focus on the kids. You get some down time, since your co-parent will have the kids up to 50% of the time. That gives you a chance to pursue your hobbies or relax a little. When the kids come back, that respite can also help you be more focused on their wants and needs. You may find yourself far less lonely You don’t have to be alone to feel lonely. In fact, being stuck in a house every evening and weekend with a spouse to whom you no longer feel connected can create a terrible sense of loneliness. Once you’re no longer married, you’re free to seek out the company of people who engage with you, wether that’s emotionally, intellectually or intimately. If it’s time to get a divorce, find out more about how to get started and what you can do to minimize problems during the process.

Some people say that home is where the heart is, but it is also where much of your personal wealth resides. The equity that you slowly accrue by making regular payments may represent a substantial portion of your overall personal estate. The downpayment you made toward the home, the amount of your monthly mortgage payment that goes toward principal and the real-world financial value of repairs and upgrades made to the home could represent hundreds of thousands of dollars. When you get divorced in Virginia, you and your spouse will have to agree about how to divide your property or have a judge split your assets for you. How can you protect all of the investments that you have made in your home during a divorce? Figure out what the house is actually worth One of the most important steps toward protecting your investment in the property is to establish the current fair market value for the home. Neither is the assessed value that determines your property tax obligations nor the principal amount for your mortgage will likely reflect the current value of your home on the real estate market. You will need a current appraisal to know conclusively what your home is worth. Some spouses will hire two separate appraisers so that each spouse feels confident in the value assessed by the professional that they hire. If there is a significant gap between the prices returned by the two appraisers, the spouses can agree to meet in the middle agree and split the difference between the two appraisals. Decide what outcome would be the best Would you like to stay in the marital home until your children are adults? Would you prefer to receive your share of equity so that you can buy a new home of your own and start making new memories? Thinking about what your preferences might be and exploring whether they are realistic or not are both important steps when planning for a Virginia divorce with big assets. Can you expect to qualify for a mortgage, especially if you have to offer your spouse some of the equity in the property? To some people, retaining possession or continuing to live in the home will be their most important goal. For others, the biggest concern is just receiving an appropriate share of the home value in the property division decree. Setting goals regarding your biggest assets and the overall outcome of property division proceedings will help you plan for both your upcoming divorce and your life after divorce.

You have to juggle a million different details mentally when facing a divorce. The more complicating factors you have for your divorce, the harder it may be for you to separate your life from your spouse’s. If you own a business, then there is a lot at risk when you end your marriage. Business owners may need to think very carefully about how to protect themselves and their company as they draw closer to divorce proceedings in Virginia. What are some of the most important considerations for divorcing business owners? Is your business vulnerable in the divorce? You already had the business when you got married or you inherited it, you may have taken certain steps to protect it, like executing a prenuptial or postnuptial agreement with your spouse. If not, you have to look and when you purchased the company or started it to determine if it is at risk in property division proceedings. Determining whether the courts will look at your business as your separate property that doesn’t get split up or marital property that they have the authority to divide will play a major role in how you move forward with the divorce. What is your business actually worth? Someone who doesn’t understand the expenses and liabilities involved in running a business might think that a company is nothing but assets and income. However, businesses also come with a lot of liability and debts. If your business is at least partially marital property, then it becomes very important for you to put a realistic value on the business. Factoring in debts, obligations and even the depreciation of business assets can help you minimize how much value from the company your ex can claim in the divorce. What is it that your ex wants? In addition to thinking about your legal obligations and financial circumstances, understanding your spouse’s motivation can be very helpful. Perhaps they want to share long-term ownership of the company with you because they view it as a source of income. Maybe they just worry that they won’t get their fair share of marital assets if they don’t make a claim against the business. Communicating with your spouse about their desires regarding property division could pave the way for a mutually beneficial settlement that does not impact your company at all. Thinking about your unique needs as a business owner can help you prepare for the complex property division that often comes with business ownership in a divorce.

Owning and operating your own business can be a great way to spend more time with your spouse, but it can also put a lot of strain on your marriage. Real estate investments can offer multiple paths to profit, from reselling homes after rehabilitating them to renting properties out to others. Regardless of whether your investment property business contributed to your desire to divorce, your real estate holdings are going to complicate the process. The more money you have invested in real estate holdings, the more important a cautious approach to divorce becomes. There are some questions that you need to ask yourself before you make any decisions about divorce as someone with substantial real estate investments. Are your real estate holdings separate or marital property? The first question about your real estate investments in a divorce is whether the courts have the authority to split them. You need to know whether they will be separate property owned by one spouse or marital property held by both. When you purchased the property and the assets you used to pay for, invest in or maintain the property will influence whether it is separate or marital. If you owned the properties or at least some of them prior to marriage or received them as part of an inheritance, a portion of their value could be separate. However, if you used income earned during your marriage to maintain or improve those properties, that could give your spouse a partial claim of ownership. The same is true of any sweat equity due to personal work on improving the property during your marriage. Do you have a prenuptial or postnuptial agreement? If you have a marital agreement on record, that could potentially earmark the properties as separate or provide guidance about how to split them. What is the current value of your real estate portfolio? Establishing a fair market value for the properties that you hold is crucial to the division of your assets. Especially if you have fixed the property up since buying it or you have held onto it for many years, what you paid for it probably isn’t what it is currently worth. You will need to determine the value of each property in order to make things as fair as possible. What is the outcome that would be best for your situation? Is the real estate market soft, meaning that you will benefit from holding the properties for a few years before selling them? Do you hope to sell the properties, receive a share of their value or continue working on or renting them out as a source of income? Your goals will play a role in your strategy going into the divorce, as well as any negotiations you have with your ex. Knowing the value, status and best outcome for each property will help you achieve the best outcome.

A divorce can come with significant emotional and financial turmoil. In Virginia, your spouse could be entitled to a portion of your 401(k) in the final divorce settlement. How funds in such an account are allocated depends on a variety of factors unique to a given case. A prenuptial agreement may determine how assets are divided If you have a valid prenuptial agreement, it will determine how a 401(k) or other assets are split. In some cases, the agreement may stipulate that retirement accounts aren’t divided at all. It is also possible that your estranged spouse will let you keep a larger share of a retirement account in exchange for receiving the family home or other items. Money added to any retirement account could be joint property Absent a prenuptial agreement, any money added to a retirement account could be considered a joint asset. This is true whether you or your employer contributed to the account during a marriage. It is also important to note that any contributions made to your spouse’s IRA or 401(k) are also considered to be joint property. The spouse who made more money may receive a smaller share It isn’t uncommon for the spouse who made the most money during a marriage will receive a smaller share of a 401(k). Alternatively, a judge could award the majority of a retirement account to the person who made the majority of the contributions over the past several years or decades. Regardless of how the account is split, money should not be removed from it before a qualified domestic relations order has been approved by a judge. If you believe that you’re going to be getting a divorce in the near future, it may be a good idea to speak with an attorney. Legal counsel may be able to help you learn more about how retirement accounts or other assets may be split in a final settlement.