Top 5 Virginia Divorce Laws

The top 5 things everyone should know about Virginia divorce laws.


Virginia divorce laws state that a divorce from bed and board may be decreed for cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment. Divorce from bed and board is a fault-based action, usually brought by an injured spouse to get the court to order the other spouse out of the residence. If brought in conjunction with other claims (custody, child support, distribution of property), a judicially ordered separation pursuant to the prayer for divorce from bed and board establishes the separation required for those other actions.

Complaint for Divorce and Decree of Divorce. These are the essential documents needed to start and finalize a divorce according to Virginia divorce law.

Virginia Divorce Laws clearly state that a premarital agreement shall be in writing and signed by both parties. Such an agreement shall be enforceable without consideration and shall become effective upon marriage. Any agreement not in writing will not be legally acceptable by the court in any way.

Under Virginia Divorce Law, a divorce may be granted on the no-fault grounds of living separate and apart without any cohabitation and without interruption for one year, or if there are no children of the marriage, six months, or the fault grounds of adultery, incarceration, or cruelty. Proof of non-cohabitation must be shown in court in compliance with Virginia law.

Virginia is an \\\"equitable distribution\\\" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.

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