Virginia Divorce and Family Law

A Virginia divorce is filed in circuit court. Va. Code 20-96 gives the circuit courts of the Commonwealth exclusive original jurisdiction of all suits for divorce, which means the juvenile and domestic relations district courts handle support and custody but not the divorce itself. Va. Code 20-97 requires that one party has been an actual bona fide resident and domiciliary of the Commonwealth for at least six months preceding the suit. Law Offices Of SRIS, P.C. handles Virginia family matters. Call (888) 437-7747.

Grounds Under Va. Code 20-91

Virginia retains fault grounds and provides no-fault grounds alongside them. The fault grounds are adultery; sodomy or buggery committed outside the marriage; conviction of a felony with a sentence of confinement of more than one year; cruelty or reasonable apprehension of bodily hurt; and willful desertion or abandonment for one year. The no-fault ground is separation for one year, reduced to six months where there are no minor children of the marriage and the parties have entered a written separation agreement.

Relief Available While the Case Is Pending

Va. Code 20-103 allows the court to enter pendente lite orders during the suit. Those can compel maintenance and support, provide for custody and support of minor children, grant exclusive use of the family residence, and enjoin the disposition of marital property. That relief is available on filing rather than at the end, which matters where one spouse controls the finances or where assets are at risk.

Frequently Asked Questions

Which court hears a Virginia divorce?

The circuit court. Under Va. Code 20-96 the circuit courts have exclusive original jurisdiction of all suits for divorce. Juvenile and domestic relations district courts handle support and custody matters but not the divorce itself.

How long must I live in Virginia before filing?

Va. Code 20-97 requires that one party has been an actual bona fide resident and domiciliary of the Commonwealth for at least six months preceding the commencement of the suit. Both residence and domicile are required for that period.

Does Virginia still have fault grounds?

Yes. Va. Code 20-91 provides fault grounds alongside the no-fault separation ground. Pleading fault adds contested factual issues, and whether it serves a particular case is a strategic question rather than an automatic one.

About Mr. Sris

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is a former prosecutor, and that experience shapes how he builds a documentary record. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems applies to complex financial cases, which is where a contested Virginia divorce usually turns. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and the firm’s Of Counsel attorneys handle Virginia matters together.

Speak With Mr. Sris

Request a consultation. Reach our location at (888) 437-7747. Bring tax returns, statements for every account, any agreement signed before or during the marriage, entity documents for any business interest, and a short written timeline. That material lets the first conversation move past intake and into the questions that decide the case.

Last updated: August 25, 2026

This page provides general information about Virginia family law and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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