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Navigating Virginia’s Six New & Updated Divorce Laws

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Navigating Virginia’s Six New & Updated Divorce Laws

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Navigating Virginia’s Six New & Updated Divorce Laws

On July 1, 2025, six new laws took effect in Virginia which involve family law. Here’s what you need to know.

Child Support Increase

Virginia’s Schedule of Monthly Basic Child Support Obligations has been updated and increased. This update expands the schedule to cover combined gross monthly incomes up to $42,500. The changes also mean that child support payments may increase for paying parents, and recipients may receive more financial support per child.

Immediate Filing for Bed and Board Divorce Upon Separation

Under the revised Virginia Code §20-95, individuals can now file for a “bed and board divorce” immediately upon separation, provided at least one spouse intends to remain permanently separated.

This legal change enables newly separated parties to seek prompt court relief in Virginia. A bed and board divorce establishes a legal separation, allowing couples to live apart while addressing key issues like property division or support, but it does not permit remarriage.

For a full divorce (divorce a vinculo a matrimonii), compliance with Virginia Code §20-91 is required, which fully dissolves the marriage.

Restoration of Parental Rights Upon Death or Request of Adoptive Parent

In Virginia, parents whose parental rights were previously terminated may pursue restoration of parental rights if specific criteria are met: (1) the child’s adoptive parent has passed away or requests to relinquish custody; (2) the parent seeking reinstatement has fully complied with all terms of any post-adoption contract and communication agreement; (3) the parent consents to the restoration of their parental rights; and (4) the parent has maintained a positive, continuous relationship with the child since the termination.

This legal pathway allows eligible parents to rebuild their role in their child’s life while prioritizing the child’s well-being.

Parent Of Child Conceived of Rape Not a Person With a Legitimate Interest

Recent amendments to the Virginia Code prevent individuals convicted of rape, carnal knowledge, or incest, or those found liable by clear and convincing evidence in a civil case, from establishing a parent-child relationship with a child conceived because of such acts.

These changes ensure that such individuals are not recognized as having a legitimate interest in the child, prioritizing the child’s safety and well-being.

Courts May Consider Military Protective Orders When Issuing Preliminary Protective Order

Under updated Virginia law, courts may issue a Preliminary Protective Order based solely on an existing Military Protective Order, without requiring additional evidence at the initial stage. This strengthens protections for victims of domestic violence or abuse.

Additionally, if a Military Protective Order was previously issued against the same defendant, the military must be notified of any violations of a state-issued Preliminary Protective Order.

Extension of Protective Order Period to Four Years Under Certain Circumstances

Under recent updates to Virginia law, individuals can request a 4-year Protective Order if the subject had a prior Protective Order issued against them within the last 10 years.

The law does not specify whether the previous order must involve the same person seeking the current order. However, courts are limited to issuing Protective Orders for up to 2 years at a time for extensions, with the 4-year duration applicable only at the initial issuance.

If you have questions or concerns about how these new Virginia laws may impact your ongoing, or upcoming, family law matter, call Virginia Family Law Center at 703.865.5839 or schedule a consultation today.

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