Virginia family law has a vocabulary of its own. Terms that appear in court orders, separation agreements, and attorney letters carry precise legal meanings that affect real outcomes. This glossary defines 48 key Virginia family law terms in plain English, with citations to the Virginia Code sections that govern each concept.
This glossary is maintained by Shawna L. Stevens PLLC, a family law firm serving Fredericksburg, Stafford, Spotsylvania, King George, Caroline, Orange, and Westmoreland County. It is intended for educational purposes and does not constitute legal advice. If you have questions about how any of these terms applies to your situation, schedule a confidential consultation.
About This Glossary
This glossary covers 48 Virginia family law terms with plain-English definitions and Virginia Code citations. Terms are organized alphabetically. Each definition links to the relevant practice area for more detail. Citations link to the official Virginia Law website at law.lis.virginia.gov.
A
Adultery
A fault ground for divorce in Virginia. Adultery occurs when a married person voluntarily has sexual intercourse with someone other than their spouse. Under Virginia Code § 20-91(A)(1), adultery is a basis for an immediate fault-based divorce without the one-year separation period. A spouse found guilty of adultery is ordinarily barred from receiving spousal support under Virginia Code § 20-107.1(B), though a court may award support if denial would be unconscionable.
Affidavit of Parentage
A legal document signed by both parents acknowledging paternity of a child born outside of marriage. In Virginia, an affidavit of parentage signed by both parents establishes legal parentage without a court proceeding and carries the same legal weight as a court order establishing paternity.
Annulment
A legal declaration that a marriage was void or voidable from the beginning. Unlike divorce, which ends a valid marriage, an annulment treats the marriage as though it never existed. Virginia permits annulment on grounds including fraud, duress, mental incapacity at the time of marriage, and certain prohibited marriages under Virginia Code § 20-89.1. Annulments are rare and fact-specific.
B
Best Interests of the Child
The legal standard Virginia courts apply in all custody and visitation decisions. Virginia Code § 20-124.3 lists ten factors courts must consider, including each parent’s role in the child’s upbringing, each parent’s ability to support the child’s relationship with the other parent, the child’s relationship with siblings, and the child’s reasonable preference if of sufficient age and maturity. No single factor controls the outcome.
Bed and Board Divorce
A partial legal separation recognized under Virginia law that does not fully dissolve the marriage. Also called divorce a mensa et thoro, a bed and board divorce allows spouses to live separately, divide property, and receive support, but neither party may remarry. Available on grounds of cruelty, reasonable apprehension of bodily harm, willful desertion, or abandonment under Virginia Code § 20-95.
C
COBRA
A federal law allowing a former spouse to continue health insurance coverage through the other spouse’s employer-sponsored plan for up to 36 months after divorce. COBRA coverage is typically more expensive than employer-subsidized coverage because the individual pays the full premium. Health insurance continuation should be addressed in every Virginia divorce settlement.
Cohabitation
Living with a romantic partner in a marriage-like relationship. In Virginia, a former spouse’s cohabitation with another person in a relationship analogous to marriage for more than 30 days is grounds for termination of spousal support under Virginia Code § 20-109(A). Courts examine the nature of the relationship, shared expenses, and mutual commitment to determine whether cohabitation exists.
Corroborating Witness
A witness other than the divorcing parties who can testify to facts supporting the divorce. For no-fault divorces, a corroborating witness typically confirms that the parties have lived separately and apart for the required period. The requirement ensures proceedings are based on actual facts rather than collusion between the parties.
Coverture Fraction
A formula used to calculate the marital share of a retirement account or pension. Calculated by dividing the years of marriage during the accumulation period by the total years of accumulation. If a pension accrued over 25 years and the parties were married for 15 of those years, the marital share is 15/25 or 60%. Virginia courts use this fraction in equitable distribution of retirement assets.
Cruelty
A fault ground for divorce in Virginia. Cruelty includes physical violence, reasonable apprehension of bodily harm, and conduct that endangers health or safety. Under Virginia Code § 20-91(A)(6), cruelty is a basis for both a fault divorce and a bed and board divorce. Evidence of cruelty can affect spousal support and property division.
D
Desertion
A fault ground for divorce in Virginia. Desertion occurs when one spouse willfully terminates cohabitation without consent and without justification. Virginia Code § 20-91(A)(6) recognizes both actual desertion (leaving the marital home) and constructive desertion (conduct forcing the other spouse to leave). Desertion must have continued for at least one year.
E
Equitable Distribution
Virginia’s system for dividing marital property at divorce. Under Virginia Code § 20-107.3, courts classify property as marital, separate, or hybrid, then distribute marital property equitably — fairly, but not necessarily equally. Courts consider eleven statutory factors including each spouse’s contributions, the length of the marriage, and each party’s economic circumstances. Virginia is not a community property state.
F
Fault Divorce
A divorce granted based on a spouse’s misconduct. Virginia Code § 20-91(A) recognizes fault grounds including adultery, cruelty, desertion, and conviction of a felony. A fault divorce does not require the one-year separation period required for a no-fault divorce. Fault can affect spousal support, and adultery specifically bars support unless denial would be unconscionable.
Final Decree of Divorce
The court order that legally ends a marriage. In Virginia, a final decree of divorce addresses all outstanding issues including property division, spousal support, custody, and child support. Once entered, both parties are legally divorced and free to remarry. Final decrees on property are generally not modifiable; custody, support, and visitation orders may be modified on showing of material change.
G
Guardian Ad Litem (GAL)
An attorney appointed by a Virginia court to represent the best interests of a child in custody proceedings, separate from either parent’s interests. The GAL investigates the child’s circumstances, interviews parents, reviews records, and submits a report and recommendation. The court is not bound by the GAL’s recommendation but considers it seriously. GAL fees are typically split between the parties.
Grounds for Divorce
The legal basis upon which a Virginia court may grant a divorce. Virginia recognizes both no-fault and fault grounds. No-fault grounds require at least one year of separation (or six months with a written agreement and no minor children). Fault grounds include adultery, cruelty, desertion, and felony conviction under Virginia Code § 20-91.
H
Hybrid Property
Property that is part marital and part separate. Hybrid property arises when separate property is commingled with marital property or when marital funds improve separate property. Under Virginia Code § 20-107.3(A)(3), courts must trace contributions to determine the marital and separate portions. Hybrid property disputes are among the most technically complex issues in Virginia divorce.
I
Imputed Income
Income a Virginia court assigns to a party based on their earning capacity rather than actual income. When a court finds a party is voluntarily unemployed or underemployed, it may impute income based on education, work history, and available jobs. Imputed income affects both child support and spousal support calculations.
Interrogatories
Written questions submitted to the opposing party in a Virginia divorce that must be answered under oath. Interrogatories are a standard discovery tool used to obtain information about assets, income, debts, and other relevant facts. Failure to answer truthfully can result in court sanctions.
J
JDR Court
The Juvenile and Domestic Relations District Court — the Virginia court with initial jurisdiction over child custody, visitation, child support, and certain protective order matters. Appeals from JDR court go to the Circuit Court, where the case is heard de novo — an entirely new trial rather than a review of the JDR ruling.
L
Legal Custody
The right and responsibility to make major decisions about a child’s life, including education, healthcare, and religious upbringing. Virginia courts award either sole legal custody (one parent decides) or joint legal custody (both parents share decision-making). Joint legal custody is the most common award in Virginia and is separate from physical custody.
Legal Separation
Virginia does not have a formal legal separation proceeding. However, spouses may enter a separation agreement and live separately, beginning the statutory period for a no-fault divorce. A bed and board divorce provides limited separation protections but does not fully dissolve the marriage.
Lis Pendens
A formal notice recorded in land records indicating that litigation is pending that may affect title to real property. In a Virginia divorce involving real estate, a lis pendens prevents a spouse from transferring or encumbering the marital home while the case is pending.
M
Marital Property
Property acquired by either spouse during the marriage that is not separate property. Under Virginia Code § 20-107.3(A)(2), marital property includes all property titled in both names and all property acquired during the marriage from marital earnings, regardless of which spouse acquired it. Marital property is subject to equitable distribution.
Marital Waste
The dissipation or destruction of marital assets by one spouse. Virginia courts may consider marital waste in equitable distribution under § 20-107.3(E)(1). Examples include gambling away marital funds, spending marital money on an extramarital affair, or deliberately destroying marital property.
Material Change in Circumstances
The legal threshold required to modify an existing custody, support, or visitation order in Virginia. A party must show that circumstances have changed substantially since the last order and that the change justifies revisiting it. Job loss, relocation, and significant income changes are common triggering events.
Mediation
A process in which a neutral third party helps divorcing spouses reach agreement on disputed issues. Mediators do not decide issues — they facilitate negotiation. Virginia courts frequently order mediation in custody and property disputes. Agreements reached in mediation may be submitted to the court as consent orders.
N
Necessaries Doctrine
A common law doctrine under which a spouse may be liable for reasonable necessities provided to the other spouse, including medical care. In Virginia, the necessaries doctrine has been applied to hold one spouse liable for the other’s medical expenses. It is codified in Virginia Code § 55.1-2822.
No-Fault Divorce
A divorce granted without proof of either spouse’s misconduct. Virginia Code § 20-91(A)(9) permits a no-fault divorce after the parties have lived separately and apart without cohabitation for one year. With a signed property settlement agreement and no minor children, the separation period is reduced to six months.
P
Parenting Plan
A written agreement or court order detailing custody arrangements, visitation schedules, holiday and vacation schedules, communication protocols, and dispute resolution procedures. Virginia courts strongly encourage parents to develop parenting plans rather than leaving all decisions to the court.
Pendente Lite
Latin for pending the litigation. Pendente lite orders are temporary court orders entered while a divorce case is pending that address immediate issues such as temporary custody, temporary spousal support, temporary child support, exclusive use of the marital home, and temporary attorney fees. These orders remain in effect until the final decree or modification.
Physical Custody
Where the child primarily lives and who provides day-to-day care. Virginia courts award primary physical custody (the child lives mainly with one parent), shared physical custody (substantially equal time with both parents), or split custody (siblings divided between parents). Physical custody arrangements directly affect child support calculations.
Postnuptial Agreement
A written contract entered into by spouses after marriage that defines property rights and support obligations in the event of divorce or death. Virginia recognizes postnuptial agreements under § 20-155. Like prenuptial agreements, they must be in writing, signed voluntarily, and based on full financial disclosure.
Prenuptial Agreement
A written contract entered into before marriage defining property rights and support obligations in the event of divorce or death. Virginia’s Premarital Agreement Act under §§ 20-147 through 20-154 governs enforceability. To be valid, the agreement must be in writing, signed by both parties voluntarily, and based on full financial disclosure.
Property Settlement Agreement (PSA)
A comprehensive written contract between divorcing spouses resolving all issues — property division, spousal support, custody, visitation, and child support. A properly drafted PSA is incorporated into the final decree and becomes a court order. PSAs avoid contested litigation and give both parties more control over the outcome. Virginia courts generally honor PSAs unless unconscionable.
Q
QDRO
A Qualified Domestic Relations Order — a court order dividing a retirement plan governed by ERISA (private employer plans such as 401(k) and pension plans) between divorcing spouses. A QDRO must meet specific technical requirements and be approved by the plan administrator. Errors in a QDRO can result in significant financial loss. Military retirement is divided through a Military Pension Division Order, not a QDRO.
R
Recrimination
A defense to a fault divorce based on the principle that a spouse seeking a fault divorce must not themselves be guilty of a fault ground. Recrimination has been substantially limited by Virginia courts and is rarely a complete bar today, though mutual fault may affect equitable distribution and spousal support.
S
Separate Property
Property owned by one spouse that is not subject to equitable distribution. Under Virginia Code § 20-107.3(A)(1), separate property includes property acquired before the marriage, property inherited or received as a gift during the marriage, and property acquired after the date of separation using only separate funds. Separate property can lose its character if commingled with marital property.
Separation Agreement
An agreement between spouses memorializing their separation and addressing property division, custody, support, and other issues. A separation agreement signed by both parties reduces the no-fault divorce waiting period from one year to six months when there are no minor children. Once incorporated into a divorce decree, it becomes a court order.
Spousal Support
Court-ordered payments from one spouse to the other after separation or divorce. Virginia Code § 20-107.1 governs spousal support. Courts consider thirteen factors including the marriage duration, earning capacity, contributions to the family, and the standard of living during the marriage. Adultery bars support unless denial would be unconscionable. Support may be temporary, rehabilitative, or permanent.
Subpoena Duces Tecum
A court order requiring a person or entity to produce documents, records, or other evidence. In Virginia divorce proceedings, subpoenas duces tecum obtain bank records, tax returns, employment records, and other financial documents from third parties. Failure to comply can result in contempt of court.
T
Transmutation
The process by which property changes character from separate to marital, or marital to separate, through the actions of the parties. In Virginia, separate property can become marital if commingled with marital funds and not traceable, if titled jointly, or if treated as marital by the owning spouse. Transmutation disputes require detailed financial records and tracing.
U
Uncontested Divorce
A divorce in which both parties agree on all issues before filing — property division, support, custody, and visitation. Virginia allows an uncontested divorce to proceed on a simplified basis under § 20-106. The parties file a property settlement agreement and supporting affidavits. The court may grant the divorce without a hearing. Uncontested divorces are significantly less expensive and faster than contested ones.
USFSPA
The Uniformed Services Former Spouses Protection Act — a federal law authorizing state courts to treat military retirement pay as marital property subject to division at divorce. If the couple was married at least 10 years while the service member served at least 10 years (the 10/10 rule), the former spouse may receive their share directly from DFAS. The USFSPA authorizes but does not mandate any particular division.
V
Visitation
The schedule under which the non-primary-custodial parent spends time with the child. Under Virginia Code § 20-124.2, courts must ensure reasonable and liberal visitation rights unless visitation would endanger the child’s health or safety. Visitation schedules address routine time, holidays, school breaks, and vacations.
Voluntary Spousal Support
Support paid by one spouse to the other during separation without a court order, based on mutual agreement. Voluntary support payments may be considered by a court when determining the appropriate level of court-ordered support. An attorney can document voluntary support in a way that protects both parties.
Questions About Your Situation?
Understanding the terminology is the first step. Understanding how it applies to your specific circumstances requires a conversation. Shawna L. Stevens has practiced exclusively in Virginia family law for more than 20 years and serves clients in Stafford, Spotsylvania, King George, Caroline, and Orange County.