How Virginia Courts Decide Child Custody

We have been fortunate enough to have two summer interns (law clerks) for 2026. Law clerks are law school students spending time in our office to start learning and gaining practical experience to decide what areas of law that interest them. There is also a great deal of difference in what they learn in law school (academics) and the actual practice of law, and this is where the law students start to bridge that gap. Olivia Triano, a rising 3 rd year student at Capital University Law School in Columbus, has spent two summers with us. A native of the area, Olivia was not sure what area of practice interested her when she first came to our firm. During her time, Olivia has spent individual time with each attorney, learning different styles and methods used to provide direction, results and comfort to our clients. Most importantly she has learned the importance of preparation for all court appearances and mediations. We are excited that Olivia has accepted a position with us as a new lawyer after she passes the Virginia State Bar exam. Isabelle Gurtler, a rising first year law student at the University of Richmond School of Law, spent this past summer with us as well. Isabelle was born in Richmond but relocated to Jacksonville, Florida ten years ago. Isabell has enjoyed her experience with us and now has a real interest in exploring family law as a career. We look forward to seeing how these two bright budding lawyers develop and have been happy to have been part of the start of their journeys.

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.

The property distribution portion of a divorce is often the most contentious. This is particularly true for high-net-worth individuals with complex assets, such as real estate investments. The family home is often an important part of this portion of the financial portfolio, but it may also include vacation and investment properties. Any couple with real estate investments is wise to ask the following before finalizing their divorce. #1: Is the property marital or separate? The first step is to determine the status of the property. Family law matters like divorce are guided by state law, so the location of the divorce matters. If the divorce is in Virginia, the law treats real estate acquired during the marriage as marital property, subject to equitable distribution. This means the courts generally consider any real estate bought during the marriage with marital funds, regardless of whose name is on the title, a joint asset. The courts may deem gifted or inherited property as separate property if it was not commingled with marital assets. #2: What is the value of the property? Establishing a fair market value for real estate is important to better ensure an equitable distribution. This often requires professional appraisals. There are many different valuation options, and in some cases, it is helpful to get more than one estimation before proceeding. #3: What is the cost to maintain the property? Keeping any form of real estate is about more than the initial cost. It is important to also take regular maintenance costs into account. This can include upkeep like lawn care and cleaning, as well as the potential need to replace appliances or structural components like the roof. Also, keep any homeowner’s association fees and taxes in mind when putting together an estimate of the cost to keep the property. #4: What is the cost to sell the property in the future? There are additional expenses for those who choose to keep property only to sell it in the future. Capital gains, for example, may apply. #5: How can I protect these assets? Protecting your real estate investments prior to or during a divorce requires strategic planning. Those discussing a divorce or believing a divorce could be in their future could consider a postnuptial agreement. Similar to prenuptial agreements, these agreements can outline how to handle real estate assets in the event of a divorce. Another option is the use of buy-out agreements. These involve one spouse buying out the other’s interest in the property, giving one party full ownership of the asset. These five questions provide a starting point for determining how to best manage real estate investments during a divorce. It is important to carefully review the details of your situation and discuss the benefits and risks of each option. This will help mitigate the risk of surprises after the divorce is finalized.