Virginia Divorce Laws: Residency, Waiting Period, Custody and Support
Virginia divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for Virginia
- Residency requirement
- At least one spouse must have been an actual good-faith resident and domiciliary of Virginia for at least six months before the divorce or annulment is filed. Va. Code § 20-97
- Waiting period
- Virginia has no separate waiting period after filing. Instead, the grounds themselves require time: one year of separation (six months with a separation agreement and no minor children) for a no-fault divorce, and one year from the act of cruelty, desertion or abandonment for those fault… Va. Code §§ 20-91, 20-95
- Dividing property
- Virginia uses equitable distribution. The court classifies property as separate, marital, or part separate and part marital. Separate property includes property acquired before the marriage; Va. Code § 20-107.3
- Filing fee
- By statute, the circuit court clerk's fee for filing a divorce or separate maintenance suit is $60 (which includes a certified copy of the final decree), charged to the plaintiff when the suit is filed, and the same fee applies to a counterclaim. Va. Code § 17.1-275(A)(26)
- When child support ends
- Child support generally ends at 18. The court must order support to continue for a child over 18 who is a full-time high school student, not self-supporting and living in the home of the parent seeking support, until the child turns 19 or graduates from high school, whichever comes first. Va. Code § 20-124.2(C)
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | At least one spouse must have been an actual good-faith resident and domiciliary of Virginia for at least six months before the divorce or annulment is filed. A member of the armed forces who has been stationed or lived in Virginia for six months or more before filing is presumed to meet this requirement. Source: Va. Code § 20-97 |
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| Grounds for divorce | Virginia's no-fault ground is living separate and apart without cohabitation and without interruption for one year, or for six months if the spouses have a separation agreement and no minor children. Fault grounds are adultery (or sodomy or buggery outside the marriage) before the last separation; a felony conviction with a sentence of more than one year and confinement, if cohabitation has not resumed; and cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment, which may support a divorce one year after the act. Source: Va. Code § 20-91 |
| Waiting period | Virginia has no separate waiting period after filing. Instead, the grounds themselves require time: one year of separation (six months with a separation agreement and no minor children) for a no-fault divorce, and one year from the act of cruelty, desertion or abandonment for those fault grounds. A divorce from bed and board can be filed without a waiting period, but a final divorce is granted only under § 20-91. Source: Va. Code §§ 20-91, 20-95 |
| Filing fee | By statute, the circuit court clerk's fee for filing a divorce or separate maintenance suit is $60 (which includes a certified copy of the final decree), charged to the plaintiff when the suit is filed, and the same fee applies to a counterclaim. Other statutory and local charges, and fees for serving papers, can be added, so the total varies by court. Check with the circuit court clerk for the full amount due in your locality. Source: Va. Code § 17.1-275(A)(26) |
| Uncontested or simplified divorce | Virginia has no separate summary divorce, but in a no-fault divorce based on separation a party may present evidence by affidavit or deposition, without a court hearing and without leave of court, when the spouses have resolved all issues in a written settlement agreement, when no issues other than the grounds remain, or when the other spouse was personally served and did not respond. With a separation agreement and no minor children, the required separation period is six months. Source: Va. Code §§ 20-106, 20-91(A)(9) |
| Divorce forms | Divorces in Virginia are heard in the circuit court, and Virginia has no-fault and at-fault divorce. The Virginia Judicial System's Court Self-Help site does not list a court divorce form packet; for a no-fault divorce it directs people to VALegalAid.org's Divorce page for online forms and guidance, and to a VA Law Help 2 Go video on uncontested divorce. The Judiciary's Circuit Court forms page offers civil forms that can be completed online, and practices vary by locality, so check with the circuit court clerk. Circuit Court forms: https://www.vacourts.gov/forms/circuit/home |
Property and alimony
| Dividing property | Virginia uses equitable distribution. The court classifies property as separate, marital, or part separate and part marital. Separate property includes property acquired before the marriage; property acquired during the marriage by inheritance or gift from someone other than the spouse; and property acquired in exchange for separate property if kept separate. Marital property includes jointly titled property and other property acquired during the marriage before the last separation, which is presumed marital unless shown to be separate. The court divides marital property and debts after considering factors such as each spouse's monetary and nonmonetary contributions to the family and to the property, the length of the marriage, age and health, the circumstances that led to the divorce (including fault grounds), how and when property was acquired, debts, tax consequences, and wasteful spending of marital property. Source: Va. Code § 20-107.3 |
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| Alimony (spousal support) | The court may award spousal support as periodic payments for a defined or undefined duration, a lump sum, or a combination, or may reserve a spouse's right to future support (presumed to last 50% of the time from marriage to separation). Permanent support generally cannot be awarded to a spouse who committed adultery (or sodomy or buggery outside the marriage), unless denial would be a manifest injustice shown by clear and convincing evidence. The court considers factors including the parties' needs and resources, the marital standard of living, the length of the marriage, age and health, child-care needs, contributions to the family, property division, earning capacity, the time and cost of training, career decisions made during the marriage, contributions to the other's education or career, and the circumstances that led to the divorce. Source: Va. Code § 20-107.1 |
Children: custody and support
| Child custody | The court gives primary consideration to the child's best interests and may award joint legal, joint physical or sole custody; there is no presumption in favor of any form of custody, and no presumption favoring either parent. The court considers 10 factors, including the child's age and needs, each parent's age and condition, each parent's relationship with and role in caring for the child, each parent's willingness to support the child's relationship with the other parent, the parents' ability to cooperate, the reasonable preference of a child the court considers old and mature enough, and any history of family abuse, sexual abuse, child abuse or violence. No fixed age is set for the child's preference. Source: Va. Code §§ 20-124.2, 20-124.3 |
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| Emergency and temporary custody | While a divorce is pending, the court may enter temporary (pendente lite) orders providing for custody and support of the children, spousal support, and exclusive use of the family home; custody orders must follow the best-interest standards in Chapter 6.1. On a showing of reasonable apprehension of physical harm, the court may enter a protective order, including excluding a spouse from the home; if entered after an ex parte hearing (without the other side), it may not last more than 15 days from service unless extended, and the excluded person may file a written motion asking for a hearing to dissolve or change it. Source: Va. Code § 20-103 |
| Parenting class or mediation | Yes, in contested cases. When child custody, visitation or support is contested, the parties must show they attended an approved educational seminar within the 12 months before their court appearance, or will attend within 45 days after. The seminar is at least four hours and covers the effects of separation or divorce on children, parenting responsibilities, conflict resolution and financial responsibilities. In uncontested cases the court may require it only for good cause. Courts are directed to use mediation as an alternative to litigation where appropriate. Source: Va. Code §§ 20-103, 20-124.2(A) |
| Grandparents' rights | Virginia has no separate grandparent statute. A court may award custody or visitation to any person with a legitimate interest, which can include a grandparent, but must give due regard to the primacy of the parent-child relationship and requires clear and convincing evidence that it would serve the child's best interest. If a parent has died or is incapacitated, a grandparent related to that parent may introduce evidence of that parent's consent to visitation; if consent is proven by a preponderance of the evidence, the court may decide whether visitation is in the child's best interest. Source: Va. Code § 20-124.2(B), (B2) |
Child support
| Child support | Virginia uses an income shares model. There is a rebuttable presumption that the guideline amount is correct. A basic support obligation is taken from a statutory schedule based on the parents' combined monthly gross income, health care and work-related child care costs are added, and the total is divided between the parents in proportion to their incomes. Support generally continues past 18 for a full-time high school student living at home who is not self-supporting, until age 19 or graduation, whichever comes first. The Department of Social Services directs parents to the court's Child Support Guidelines Worksheet to estimate support. Worksheet: https://www.courts.state.va.us/static/forms/district/dc637.pdf |
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| How to apply for child support | Apply for child support services with the Virginia Department of Social Services, Division of Child Support Enforcement (DCSE). Applying online through the MyChildSupport portal is the fastest way. You can also download a paper application and upload it through MyChildSupport, request a paper copy at 1-800-468-8894, mail it to DCSE, P.O. Box 28450, Richmond, VA 23228-8450, or pick up and drop off an application at a DCSE District Office. You can apply even without every document; a case manager contacts you after the case is opened. The page read does not state an application fee. |
| When child support ends | Child support generally ends at 18. The court must order support to continue for a child over 18 who is a full-time high school student, not self-supporting and living in the home of the parent seeking support, until the child turns 19 or graduates from high school, whichever comes first. The court may also order support for a child over 18 who is severely and permanently mentally or physically disabled, if the disability existed before age 18, the child cannot live independently and support themselves, and the child lives in the parent's home. Source: Va. Code § 20-124.2(C) |
| Changing a child support order | Either parent (or the court, or Social Services) can ask the court to revise a support or custody order when circumstances change. A change in support applies only from the date the other party was given notice of the petition, not to earlier periods. DCSE may also start a review of a court order; a material change is presumed when the guideline amount differs from the current award by at least 10% (and at least $25 a month), and either party may ask for a hearing within 30 days of notice of a proposed modified order. DCSE says most orders can be reviewed every three years, based on when the order was set or last reviewed, and reviews can be requested through MyChildSupport. DCSE review page: https://www.dss.virginia.gov/empowering-families/understanding-child-support-amounts/. DCSE review statute: https://law.lis.virginia.gov/vacode/title63.2/chapter19/section63.2-1921/ |
| If child support isn't paid | Virginia law lets DCSE collect support through immediate and default income withholding, liens on property (including foreclosure and seizure and sale of property), orders to withhold and deliver property such as bank accounts, set-off of debts including tax refunds, reporting arrears to credit bureaus, requiring security or a bond, attaching unemployment and workers' compensation benefits, and a most-wanted delinquent parent list. Driver's licenses can be suspended when a parent is 90 days or more or $5,000 or more behind (after notice and, if requested, a court finding that nonpayment was willful), and courts must suspend business, professional, occupational and recreational licenses at the same threshold unless an alternative remedy is likely to work. Support orders include interest on arrears at the judgment interest rate unless the parent owed support waives it in writing. Driver's license: https://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-320.1/. Other licenses: https://law.lis.virginia.gov/vacode/title63.2/chapter19/section63.2-1937/. Interest: https://law.lis.virginia.gov/vacode/title20/chapter5/section20-78.2/ |
| State child support agency | Virginia's child support agency is the Division of Child Support Enforcement (DCSE) of the Virginia Department of Social Services. DCSE helps parents and caregivers establish paternity, open or manage a child support case, establish a support order, and get help with payments. Apply on the Apply for Child Support page or start and manage a case in the MyChildSupport portal; payment options are on the Easy Ways to Pay page. Child Support Customer Service Center: 1-800-468-8894 (Monday-Friday, 8 a.m. to 5 p.m.). MyChildSupport portal: https://mychildsupport.dss.virginia.gov/ |
| Official child support calculator | The Virginia Department of Social Services (Division of Child Support Enforcement) says you can estimate your support amount using Virginia's Child Support Guidelines Worksheet (court form DC-637), which includes instructions on page two; DSS notes this is only an estimate. Virginia reviews its child support guidelines every four years under Va. Code § 20-108.2. |
Separation, annulment, records and marriage
| Legal separation | Virginia offers a divorce from bed and board (a form of legal separation), which can be granted for cruelty, reasonable apprehension of bodily hurt, willful desertion, abandonment, or when the parties live separate and apart with at least one intending the separation to be permanent. A court can also order spousal support in a separate maintenance proceeding. Source: Va. Code §§ 20-95, 20-107.1 |
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| Annulment | Either party may seek an annulment of a marriage that is void or voidable, including for fraud or duress. The aggrieved spouse may also seek an annulment for incurable impotency at the time of marriage, or if, without the other's knowledge, the other spouse had a felony conviction before the marriage, was pregnant by or had fathered a child with someone else around the time of marriage, or had been a prostitute. These voidable-marriage annulments are not available if the applicant continued to live with the other spouse after learning the facts, or if the parties had been married for two years before the suit was filed. Source: Va. Code § 20-89.1 |
| Common-law marriage | No. Every marriage in Virginia must be under a license and solemnized as provided by law, so a common-law marriage cannot be formed in Virginia. Source: Va. Code § 20-13 |
| Changing your name after divorce | When granting a divorce, the court must, on the motion of a party who changed their name because of the marriage, restore that party's former or maiden name by separate order meeting the requirements of the general name-change statute (§ 8.01-217). Outside of divorce, a name change is requested from the circuit court under § 8.01-217. Source: Va. Code § 20-121.4 |
| Divorce records | Divorce records are kept at the circuit court where the divorce was granted. The Virginia Department of Health, Division of Vital Records, also issues certified copies of divorce records from 1918 to the present for $15 per certificate or search (not refunded if no record is found). Certified copies are available only to immediate family members (such as the person's parent, current spouse, child, sibling or grandparent) with valid ID until 25 years after the divorce, when the records become public. Orders can be made online, by mail or in person in Richmond. Applications: https://www.vdh.virginia.gov/vital-records/applications-for-a-vital-record/ |
Marriage and name changes
| Getting a marriage license | Every marriage requires a license issued by the clerk or deputy clerk of the circuit court of any Virginia county or city. The parties must state under oath the information needed for the application (false statements are perjury), and may designate themselves as spouse, bride or groom. The license is valid for 60 days; if the marriage is not solemnized within that time it expires and a new license is needed. The statutes reviewed set no waiting period. The license fee and ID requirements are not stated in these sections; ask the circuit court clerk. |
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| Minimum marriage age | The minimum age to marry is 18; the statute, last amended in 2024, states no exceptions. Source: Va. Code § 20-48 |
| Legal name change | Apply under oath to the circuit court of the county or city where you live, listing your residence, parents' names, date and place of birth, any felony convictions, whether you must register as a sex offender, whether you are incarcerated or on probation, and any former names. The court must order the change unless it is sought for a fraudulent purpose or would infringe on others' rights. Applications from probationers, registered sex offenders or incarcerated persons are accepted only for good cause, with notice to the Commonwealth's attorney. The statute does not require newspaper publication for an adult's name change. Source: Va. Code § 8.01-217 |
Adoption, guardianship and paternity
| Adoption requirements | A natural person living in Virginia (or who has custody of a child placed by a Virginia agency, among others) may petition the circuit court where the petitioner lives, where the placing agency is located, or where a birth parent consented. Married people must petition jointly. Written consent under oath is generally required from the birth mother, any acknowledged, adjudicated, presumed or registered father, any agency with custody, and the child if 14 or older (unless the court finds otherwise). Consent is not required from a birth parent who, without just cause, neither visited nor contacted the child for six months before the petition, proved by clear and convincing evidence. The court generally refers the case to a child-placing agency or local social services director for an investigation or visitation report before the final order. The petition includes an additional $50 fee for the Virginia Birth Father Registry (with some exceptions). |
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| Stepparent adoption | The parent and the parent's spouse file a joint petition in the circuit court where they or the child live; the parent joins only to show consent. The court may grant the adoption without referring it for investigation if, for example, the other parent is deceased, consents in writing under oath, denies paternity, or the child is 14 or older and has lived in the home for at least five years; an investigation and report happen only if the court decides one is needed. If the other parent refuses consent, the court decides whether consent is being withheld contrary to the child's best interests. Source: Va. Code §§ 63.2-1241, 63.2-1242 |
| Guardianship of a child | The circuit court, or the circuit court clerk, of the county or city where a minor lives may appoint a guardian of the minor's estate and a guardian of the minor's person (unless a guardian was already appointed under the related statute). Source: Va. Code § 64.2-1702 |
| Guardianship of an adult | Any person, including a community services board or government agency, may petition for a guardian (personal affairs), a conservator (finances), or both. The respondent may demand a jury, present evidence and cross-examine witnesses, and the hearing is generally held within 120 days. In deciding whether a guardian or conservator is needed and what powers to give, the court considers the person's limitations, maximum self-reliance and independence, less restrictive alternatives such as advance directives, supported decision-making agreements and durable powers of attorney, the need for protection from neglect, exploitation or abuse, and the person's best interests. Appointment requires clear and convincing evidence that the person is incapacitated and needs a guardian or conservator, with due deference to the person's wishes. Source: Va. Code §§ 64.2-2002, 64.2-2007 |
| Establishing paternity | Paternity may be established by a voluntary written statement of the father and mother made under oath acknowledging paternity, after they receive written and oral notice of their rights and responsibilities. It has the same effect as a court judgment, but either party may rescind within 60 days of signing, unless an administrative or court order about the child is entered first in a case where that party was a party. After that, it can be challenged in court only for fraud, duress or material mistake of fact. Genetic tests showing at least a 98% probability of paternity also establish paternity, and in court cases about child support the court must order genetic testing on a supported motion. For an unmarried mother, the father's name is added to the birth certificate only with a sworn acknowledgment by both parents (Va. Code § 32.1-257). Source: Va. Code §§ 20-49.1, 20-49.3 |
| Emancipation of a minor | A minor 16 or older who lives in Virginia, or the minor's parent or guardian, may petition the juvenile and domestic relations district court where the minor or parents live. The court appoints a guardian ad litem for the minor and may order an investigation. After a hearing, the court may declare the minor emancipated if the minor is on active military duty, or lives apart from parents with their consent or acquiescence and is (or can be) self-supporting and managing their own finances. An emancipated minor may consent to medical care, contract, make a will, sue and be sued, keep earnings, set up a residence, buy and sell real estate, enroll in school and get a driver's license without parental consent, and parents' support obligation ends. |
Where to get help in Virginia
Divorce & Family Law FAQ
How long do you have to live in Virginia to file for divorce?
At least one spouse must have been an actual good-faith resident and domiciliary of Virginia for at least six months before the divorce or annulment is filed. A member of the armed forces who has been stationed or lived in Virginia for six months or more before filing is presumed to meet this requirement.
Is Virginia a no-fault divorce state?
Virginia's no-fault ground is living separate and apart without cohabitation and without interruption for one year, or for six months if the spouses have a separation agreement and no minor children. Fault grounds are adultery (or sodomy or buggery outside the marriage) before the last separation; a felony conviction with a sentence of more than one year and confinement, if cohabitation has not resumed; and cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment, which may support a divorce one year after the act.
Is there a waiting period for divorce in Virginia?
Virginia has no separate waiting period after filing. Instead, the grounds themselves require time: one year of separation (six months with a separation agreement and no minor children) for a no-fault divorce, and one year from the act of cruelty, desertion or abandonment for those fault grounds. A divorce from bed and board can be filed without a waiting period, but a final divorce is granted only under § 20-91.
How much does it cost to file for divorce in Virginia?
By statute, the circuit court clerk's fee for filing a divorce or separate maintenance suit is $60 (which includes a certified copy of the final decree), charged to the plaintiff when the suit is filed, and the same fee applies to a counterclaim. Other statutory and local charges, and fees for serving papers, can be added, so the total varies by court.
How do you get an uncontested divorce in Virginia?
Virginia has no separate summary divorce, but in a no-fault divorce based on separation a party may present evidence by affidavit or deposition, without a court hearing and without leave of court, when the spouses have resolved all issues in a written settlement agreement, when no issues other than the grounds remain, or when the other spouse was personally served and did not respond. With a separation agreement and no minor children, the required separation period is six months.
Is Virginia a community property state?
Virginia uses equitable distribution. The court classifies property as separate, marital, or part separate and part marital. Separate property includes property acquired before the marriage; property acquired during the marriage by inheritance or gift from someone other than the spouse; and property acquired in exchange for separate property if kept separate. Marital property includes jointly titled property and other property acquired during the marriage before the last separation, which is presumed marital unless shown to be separate. The court divides marital property and debts after considering factors such as each spouse's monetary and nonmonetary contributions to the family and to the property, the length of the marriage, age and health, the circumstances that led to the divorce (including fault grounds), how and when property was acquired, debts, tax consequences, and wasteful spending of marital property.
How is alimony decided in Virginia?
The court may award spousal support as periodic payments for a defined or undefined duration, a lump sum, or a combination, or may reserve a spouse's right to future support (presumed to last 50% of the time from marriage to separation). Permanent support generally cannot be awarded to a spouse who committed adultery (or sodomy or buggery outside the marriage), unless denial would be a manifest injustice shown by clear and convincing evidence. The court considers factors including the parties' needs and resources, the marital standard of living, the length of the marriage, age and health, child-care needs, contributions to the family, property division, earning capacity, the time and cost of training, career decisions made during the marriage, contributions to the other's education or career, and the circumstances that led to the divorce.
How is child custody decided in Virginia?
The court gives primary consideration to the child's best interests and may award joint legal, joint physical or sole custody; there is no presumption in favor of any form of custody, and no presumption favoring either parent. The court considers 10 factors, including the child's age and needs, each parent's age and condition, each parent's relationship with and role in caring for the child, each parent's willingness to support the child's relationship with the other parent, the parents' ability to cooperate, the reasonable preference of a child the court considers old and mature enough, and any history of family abuse, sexual abuse, child abuse or violence. No fixed age is set for the child's preference.
How is child support calculated in Virginia?
Virginia uses an income shares model. There is a rebuttable presumption that the guideline amount is correct. A basic support obligation is taken from a statutory schedule based on the parents' combined monthly gross income, health care and work-related child care costs are added, and the total is divided between the parents in proportion to their incomes. Support generally continues past 18 for a full-time high school student living at home who is not self-supporting, until age 19 or graduation, whichever comes first. The Department of Social Services directs parents to the court's Child Support Guidelines Worksheet to estimate support.
Do you have to take a parenting class to divorce in Virginia?
Yes, in contested cases. When child custody, visitation or support is contested, the parties must show they attended an approved educational seminar within the 12 months before their court appearance, or will attend within 45 days after. The seminar is at least four hours and covers the effects of separation or divorce on children, parenting responsibilities, conflict resolution and financial responsibilities. In uncontested cases the court may require it only for good cause. Courts are directed to use mediation as an alternative to litigation where appropriate.
Can you get a legal separation in Virginia?
Virginia offers a divorce from bed and board (a form of legal separation), which can be granted for cruelty, reasonable apprehension of bodily hurt, willful desertion, abandonment, or when the parties live separate and apart with at least one intending the separation to be permanent. A court can also order spousal support in a separate maintenance proceeding.
What are the grounds for annulment in Virginia?
Either party may seek an annulment of a marriage that is void or voidable, including for fraud or duress. The aggrieved spouse may also seek an annulment for incurable impotency at the time of marriage, or if, without the other's knowledge, the other spouse had a felony conviction before the marriage, was pregnant by or had fathered a child with someone else around the time of marriage, or had been a prostitute. These voidable-marriage annulments are not available if the applicant continued to live with the other spouse after learning the facts, or if the parties had been married for two years before the suit was filed.
Does Virginia recognize common-law marriage?
No. Every marriage in Virginia must be under a license and solemnized as provided by law, so a common-law marriage cannot be formed in Virginia.
Do grandparents have visitation rights in Virginia?
Virginia has no separate grandparent statute. A court may award custody or visitation to any person with a legitimate interest, which can include a grandparent, but must give due regard to the primacy of the parent-child relationship and requires clear and convincing evidence that it would serve the child's best interest. If a parent has died or is incapacitated, a grandparent related to that parent may introduce evidence of that parent's consent to visitation; if consent is proven by a preponderance of the evidence, the court may decide whether visitation is in the child's best interest.
How do you change your name back after a divorce in Virginia?
When granting a divorce, the court must, on the motion of a party who changed their name because of the marriage, restore that party's former or maiden name by separate order meeting the requirements of the general name-change statute (§ 8.01-217). Outside of divorce, a name change is requested from the circuit court under § 8.01-217.
At what age does child support end in Virginia?
Child support generally ends at 18. The court must order support to continue for a child over 18 who is a full-time high school student, not self-supporting and living in the home of the parent seeking support, until the child turns 19 or graduates from high school, whichever comes first. The court may also order support for a child over 18 who is severely and permanently mentally or physically disabled, if the disability existed before age 18, the child cannot live independently and support themselves, and the child lives in the parent's home.
How do I file for child support in Virginia?
Apply for child support services with the Virginia Department of Social Services, Division of Child Support Enforcement (DCSE). Applying online through the MyChildSupport portal is the fastest way. You can also download a paper application and upload it through MyChildSupport, request a paper copy at 1-800-468-8894, mail it to DCSE, P.O. Box 28450, Richmond, VA 23228-8450, or pick up and drop off an application at a DCSE District Office. You can apply even without every document; a case manager contacts you after the case is opened. The page read does not state an application fee.
What happens if you don't pay child support in Virginia?
Virginia law lets DCSE collect support through immediate and default income withholding, liens on property (including foreclosure and seizure and sale of property), orders to withhold and deliver property such as bank accounts, set-off of debts including tax refunds, reporting arrears to credit bureaus, requiring security or a bond, attaching unemployment and workers' compensation benefits, and a most-wanted delinquent parent list. Driver's licenses can be suspended when a parent is 90 days or more or $5,000 or more behind (after notice and, if requested, a court finding that nonpayment was willful), and courts must suspend business, professional, occupational and recreational licenses at the same threshold unless an alternative remedy is likely to work. Support orders include interest on arrears at the judgment interest rate unless the parent owed support waives it in writing.
How do you modify child support in Virginia?
Either parent (or the court, or Social Services) can ask the court to revise a support or custody order when circumstances change. A change in support applies only from the date the other party was given notice of the petition, not to earlier periods. DCSE may also start a review of a court order; a material change is presumed when the guideline amount differs from the current award by at least 10% (and at least $25 a month), and either party may ask for a hearing within 30 days of notice of a proposed modified order. DCSE says most orders can be reviewed every three years, based on when the order was set or last reviewed, and reviews can be requested through MyChildSupport.
How do you get emergency custody in Virginia?
While a divorce is pending, the court may enter temporary (pendente lite) orders providing for custody and support of the children, spousal support, and exclusive use of the family home; custody orders must follow the best-interest standards in Chapter 6.1. On a showing of reasonable apprehension of physical harm, the court may enter a protective order, including excluding a spouse from the home; if entered after an ex parte hearing (without the other side), it may not last more than 15 days from service unless extended, and the excluded person may file a written motion asking for a hearing to dissolve or change it.
Are divorce records public in Virginia, and how do I get a copy?
Divorce records are kept at the circuit court where the divorce was granted. The Virginia Department of Health, Division of Vital Records, also issues certified copies of divorce records from 1918 to the present for $15 per certificate or search (not refunded if no record is found). Certified copies are available only to immediate family members (such as the person's parent, current spouse, child, sibling or grandparent) with valid ID until 25 years after the divorce, when the records become public. Orders can be made online, by mail or in person in Richmond.
How do you get a marriage license in Virginia?
Every marriage requires a license issued by the clerk or deputy clerk of the circuit court of any Virginia county or city. The parties must state under oath the information needed for the application (false statements are perjury), and may designate themselves as spouse, bride or groom. The license is valid for 60 days; if the marriage is not solemnized within that time it expires and a new license is needed. The statutes reviewed set no waiting period.
What is the legal age to get married in Virginia?
The minimum age to marry is 18; the statute, last amended in 2024, states no exceptions.
What are the requirements to adopt a child in Virginia?
A natural person living in Virginia (or who has custody of a child placed by a Virginia agency, among others) may petition the circuit court where the petitioner lives, where the placing agency is located, or where a birth parent consented. Married people must petition jointly. Written consent under oath is generally required from the birth mother, any acknowledged, adjudicated, presumed or registered father, any agency with custody, and the child if 14 or older (unless the court finds otherwise). Consent is not required from a birth parent who, without just cause, neither visited nor contacted the child for six months before the petition, proved by clear and convincing evidence. The court generally refers the case to a child-placing agency or local social services director for an investigation or visitation report before the final order. The petition includes an additional $50 fee for the Virginia Birth Father Registry (with some exceptions).
How does stepparent adoption work in Virginia?
The parent and the parent's spouse file a joint petition in the circuit court where they or the child live; the parent joins only to show consent. The court may grant the adoption without referring it for investigation if, for example, the other parent is deceased, consents in writing under oath, denies paternity, or the child is 14 or older and has lived in the home for at least five years; an investigation and report happen only if the court decides one is needed. If the other parent refuses consent, the court decides whether consent is being withheld contrary to the child's best interests.
How do you get guardianship of a child in Virginia?
The circuit court, or the circuit court clerk, of the county or city where a minor lives may appoint a guardian of the minor's estate and a guardian of the minor's person (unless a guardian was already appointed under the related statute).
How do you get guardianship of an adult in Virginia?
Any person, including a community services board or government agency, may petition for a guardian (personal affairs), a conservator (finances), or both. The respondent may demand a jury, present evidence and cross-examine witnesses, and the hearing is generally held within 120 days. In deciding whether a guardian or conservator is needed and what powers to give, the court considers the person's limitations, maximum self-reliance and independence, less restrictive alternatives such as advance directives, supported decision-making agreements and durable powers of attorney, the need for protection from neglect, exploitation or abuse, and the person's best interests. Appointment requires clear and convincing evidence that the person is incapacitated and needs a guardian or conservator, with due deference to the person's wishes.
How do you establish paternity in Virginia?
Paternity may be established by a voluntary written statement of the father and mother made under oath acknowledging paternity, after they receive written and oral notice of their rights and responsibilities. It has the same effect as a court judgment, but either party may rescind within 60 days of signing, unless an administrative or court order about the child is entered first in a case where that party was a party. After that, it can be challenged in court only for fraud, duress or material mistake of fact. Genetic tests showing at least a 98% probability of paternity also establish paternity, and in court cases about child support the court must order genetic testing on a supported motion.
How do you legally change your name in Virginia?
Apply under oath to the circuit court of the county or city where you live, listing your residence, parents' names, date and place of birth, any felony convictions, whether you must register as a sex offender, whether you are incarcerated or on probation, and any former names. The court must order the change unless it is sought for a fraudulent purpose or would infringe on others' rights. Applications from probationers, registered sex offenders or incarcerated persons are accepted only for good cause, with notice to the Commonwealth's attorney.
How does a minor get emancipated in Virginia?
A minor 16 or older who lives in Virginia, or the minor's parent or guardian, may petition the juvenile and domestic relations district court where the minor or parents live. The court appoints a guardian ad litem for the minor and may order an investigation. After a hearing, the court may declare the minor emancipated if the minor is on active military duty, or lives apart from parents with their consent or acquiescence and is (or can be) self-supporting and managing their own finances. An emancipated minor may consent to medical care, contract, make a will, sue and be sued, keep earnings, set up a residence, buy and sell real estate, enroll in school and get a driver's license without parental consent, and parents' support obligation ends.
Where can I get divorce papers and forms in Virginia?
Divorces in Virginia are heard in the circuit court, and Virginia has no-fault and at-fault divorce. The Virginia Judicial System's Court Self-Help site does not list a court divorce form packet; for a no-fault divorce it directs people to VALegalAid.org's Divorce page for online forms and guidance, and to a VA Law Help 2 Go video on uncontested divorce. The Judiciary's Circuit Court forms page offers civil forms that can be completed online, and practices vary by locality, so check with the circuit court clerk.
Who handles child support in Virginia, and how do I contact them?
Virginia's child support agency is the Division of Child Support Enforcement (DCSE) of the Virginia Department of Social Services. DCSE helps parents and caregivers establish paternity, open or manage a child support case, establish a support order, and get help with payments. Apply on the Apply for Child Support page or start and manage a case in the MyChildSupport portal; payment options are on the Easy Ways to Pay page. Child Support Customer Service Center: 1-800-468-8894 (Monday-Friday, 8 a.m. to 5 p.m.).
Is there an official child support calculator in Virginia?
The Virginia Department of Social Services (Division of Child Support Enforcement) says you can estimate your support amount using Virginia's Child Support Guidelines Worksheet (court form DC-637), which includes instructions on page two; DSS notes this is only an estimate. Virginia reviews its child support guidelines every four years under Va. Code § 20-108.2.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.