What to Expect from the Virginia Divorce Process

 Posted on September 17, 2025 in Divorce

Many people who want to get divorced stay married simply because thinking about the divorce process can feel so overwhelming. Even when both spouses agree that it is time to move forward separately, the legal process can feel confusing and intimidating. It can be difficult to know how long divorce will take. You may be nervous about how your life will change.

However, concern about the divorce process is no reason to stay in a miserable marriage, especially when you have a friendly Fairfax County family lawyer ready to help you. Nicole M. Burns, Attorney at Law, has more than 15 years of experience representing clients in Virginia. By guiding you through every step, from filing to final judgment, we can help you move forward.

Here is a little about what to expect from the divorce process in Virginia. 

Grounds for Divorce in Virginia

Virginia law recognizes both "no-fault" and "fault-based" divorces. The choice between no-fault and fault-based grounds often depends on your circumstances and whether proving fault could affect property division or spousal support.

No-Fault Divorce

You and your spouse must live separately for at least a year before filing. If you do not have children and have already signed a separation agreement, the waiting period may be reduced to six months.

Fault-Based Divorce

You may file for fault-based divorce if you can prove misconduct such as adultery, cruelty, abandonment, or felony conviction. These claims can affect the outcome of the divorce, but they do require evidence.

Filing for Divorce in Virginia

The divorce process begins when one spouse (the "plaintiff") files a complaint in the circuit court of the county where either spouse resides. For families in Northern Virginia, this means filing in Fairfax County or Prince William County Circuit Court.

The complaint sets out the grounds for divorce and what the filing spouse is requesting, such as custody arrangements, child support, spousal support, or property division. The other spouse (the "defendant") must be formally served with the complaint and given time to respond.

Divorce Discovery and Negotiation

If you and your spouse do not immediately agree on the terms of divorce, the next step is discovery. This process allows both sides to get information about finances, property, debts, and other issues that must be resolved. Discovery includes written questions, requests for documents, and testimony under oath.

Many cases settle through negotiation or mediation before reaching trial. In these discussions, your attorney works to protect your interests. In most cases, divorces can be settled with agreements that avoid the expense and stress of a courtroom battle.

Temporary Divorce Orders

While your case is pending, the court may issue temporary orders. These can address urgent issues such as child custody or child support. Temporary orders can also say who can live in the marital home. They can also require temporary spousal support. Temporary orders remain in place until the divorce is finalized or the court changes them.

Divorce Trial and Final Divorce Decree

If you and your spouse cannot agree on all issues, your case may go to trial. Each side gives evidence and testimony, and the judge makes decisions based on Virginia law.

Key issues that the court may decide include:

• Division of marital property: Virginia follows "equitable distribution," meaning property is divided fairly but not always equally.

• Child custody and visitation: Decisions are made according to the child’s best interests.

• Child support: Payments are calculated based on state guidelines, considering income, custody arrangements, and expenses.

• Spousal support: The court considers the length of the marriage, financial need, and each spouse’s earning ability.

When all issues are resolved, the court issues a Final Decree of Divorce. This document formally ends the marriage and sets out the terms for property, custody, and support.

Adjusting to Life After Divorce

Once the divorce is finalized, both spouses must follow the court’s orders. If circumstances change, such as a job loss, relocation, or changes in a child’s needs, you may ask the court for a modification.

It is also important to look through your estate plan, insurance policies, and bank accounts to make sure they reflect your new situation.

Contact a Fairfax County, VA Divorce Lawyer

At Nicole M. Burns, Attorney at Law, our Prince William County, VA family law attorney gives clients compassionate guidance through each step of the divorce process. We aim for negotiation when possible, but always fight for outcomes that protect your future. Call 703-373-4761 today to schedule a consultation.