Virginia courts decide divorce outcomes based on equitable distribution principles, prioritizing the child’s best interests for custody and evaluating financial need and marital fault for alimony. No major 2026 changes alter these core standards from prior law. Outcomes hinge on case-specific evidence presented in Circuit Court.
Child Custody Factors
Courts award sole or joint legal/physical custody using 10+ statutory factors from Virginia Code § 20-124.3. Key considerations include each parent’s ability to meet the child’s physical/emotional needs, co-parenting willingness, child’s age/preferences (if mature), and any abuse history. Joint custody is favored if feasible, but sole custody goes to the more stable parent.​
Alimony Guidelines
Virginia has no fixed formula; judges assess 10 factors under § 20-107.1, such as marriage length, earning capacities, standard of living, and contributions to education/career. Awards can be lump-sum, rehabilitative (short-term), or permanent, often reduced for shorter marriages or self-supporting spouses. Fault like adultery impacts alimony eligibility.
Decision-Making Process
No-fault divorces require 12 months separation (6 months without minor kids and with agreement). Fault grounds (adultery, cruelty, desertion) allow faster filings but invite contested hearings. Equitable property division favors fairness over equality, excluding separate property unless commingled. Mediation or pendente lite orders often resolve interim issues like temporary support.
