Understanding Family Law in Virginia: What You Need to Know
Learn how Virginia law handles divorce, custody, support, and property division. This guide from the Law Offices of Jon Hays explains your rights and options during a family law case—whether you're separating, co-parenting, or protecting your financial future.
At the Law Offices of Jon Hays, we recognize that family law issues are deeply personal and can be incredibly stressful. Whether you're navigating divorce, seeking custody of your children, or resolving support matters, understanding how Virginia law applies to your situation can give you the clarity and confidence you need during a difficult time.
Divorce in Virginia
Virginia allows for both no-fault and fault-based divorces. A no-fault divorce is based on separation—spouses must live apart continuously for six months (if they have a signed separation agreement and no minor children) or one year otherwise.
Fault-based divorces may be granted for reasons such as adultery, cruelty, desertion, or conviction of a felony. These grounds can affect the outcome of issues like spousal support and property division.
Child Custody and Visitation
Virginia courts prioritize the best interests of the child when making custody and visitation decisions. This includes evaluating each parent's role in the child's life, their ability to support the child’s needs, and the willingness to foster a positive relationship with the other parent.
Custody may be legal (decision-making authority), physical (residential arrangements), or both. Courts often prefer shared custody when possible, but sole custody may be granted in certain circumstances.
Even when one parent receives primary custody, the other parent is typically granted a meaningful visitation schedule—unless there's a legitimate reason to limit contact.
Child and Spousal Support
In Virginia, child support is calculated using statutory guidelines that factor in both parents’ incomes, childcare costs, and healthcare expenses.
Spousal support (alimony), on the other hand, is more nuanced. Courts consider the length of the marriage, each spouse’s earning capacity, contributions to the household (both financial and non-financial), and the standard of living established during the marriage. Support can be temporary or long-term depending on the circumstances.
Equitable Property Distribution
Virginia follows the equitable distribution model for dividing marital property. That means the court will divide assets and debts fairly—though not necessarily equally. Marital property includes items acquired during the marriage, such as income, real estate, vehicles, and retirement accounts.
The court considers factors like each party's contributions to the marriage, their financial needs, and any misconduct that led to the breakdown of the marriage.
Why Choose the Law Offices of Jon Hays
Family law matters affect your life in significant ways—emotionally, financially, and legally. At the Law Offices of Jon Hays, we bring compassionate counsel and strategic advocacy to every case. Whether through negotiation or litigation, we’re here to help you move forward with dignity and peace of mind.
Schedule a Consultation
If you’re facing a family law issue in Virginia, don’t go it alone.
Click the link below to schedule a confidential consultation with the Law Offices of Jon Hays. Let us help you protect what matters most.