Domestic / Family Law FAQ

1. How long does it take to get a divorce in Virginia?

The timeline depends on whether the divorce is contested or uncontested. An uncontested divorce may take a few months, while contested cases can take a year or more.

2. What factors does the court consider when determining child custody?

Virginia courts consider the best interests of the child, including each parent’s ability to care for the child, the child’s needs, and the existing relationship between the child and each parent.

3. How is child support calculated in Virginia?

Child support is based on state guidelines that take into account both parents’ incomes, the number of children, health care and childcare costs, and the time each parent spends with the child.

4. Can I modify custody or support orders after they’re entered?

Yes. If there is a material change in circumstances—such as income changes, relocation, or a child’s needs, you may petition the court to modify the order.

5. Is Virginia a “no-fault” divorce state?

Virginia allows both fault-based and no-fault divorces. To qualify for a no-fault divorce in which couples are not required to prove wrongdoing (“fault grounds”) by either spouse, they must live separately for one year if there are minor children, or 6 months if there are no minor children and they have a signed separation agreement.