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Same-Sex Divorce in Virginia

Legal considerations for same-sex divorce in Virginia. Property, custody, and unique challenges. Virginia follows equitable distribution.

Property Type

Equitable

Filing Fee

$85–$150

Median Cost

$10,000–$42,000

Annual Divorces

30,000+

Understanding Same-Sex Divorce in Virginia

Virginia processes approximately 30,000+ divorces annually. Understanding your rights and options specific to Virginia is essential before making decisions that will affect your finances and family for years to come.

Virginia follows equitable distribution rules for dividing marital assets. The state allows both no-fault and fault-based divorce (fault grounds: Adultery, Sodomy, Felony conviction). Filing fees are $85–$150, with a residency requirement of 6 months.

The median cost ranges from $10,000 for uncontested cases to $42,000 for contested divorces. Under Va. Code §20-91, courts consider multiple factors when making decisions about property, support, and custody.

Common Questions

How long do you have to live in Virginia to file for divorce?
Virginia requires 6 months of residency before you can file for divorce. Va. Code §20-91 governs the filing requirements.
Is Virginia a community property or equitable distribution state?
Virginia follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in Virginia?
Filing fees in Virginia range from $85–$150. The median total cost is approximately $10,000 for uncontested divorces and $42,000 for contested cases.
How long does a divorce take in Virginia?
Virginia has a mandatory waiting period of 6 months (no children), 12 months (children). Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Virginia?
Virginia uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about same-sex divorce in Virginia and is not legal advice. Verify current statutes with Va. Code §20-91 or consult a licensed Virginia attorney. Last reviewed March 2026.