VirginiaHB3032026 Regular SessionHouse

Divorce; adultery, filing, parties living separate and apart, report.

Sponsored By: Jen Kiggans - to resign 12/31 (Republican)

Became Law

Summary

Divorce; adultery; filing; parties living separate and apart; work group; report. Specifies that a divorce may be decreed on the grounds of adultery, provided that such adultery occurred prior to the final separation of the parties. The bill further allows for a divorce from bed and board to be decreed on the application of either party upon the parties living separate and apart; under current law, a divorce from bed and board may only be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion, or abandonment. The bill specifies that no waiting period is required for the filing for such a divorce, but the decree of such a divorce may only be decreed pursuant to certain requirements otherwise specified in the law. The bill further directs the Virginia Family Law Coalition, in conjunction with the Virginia State Bar Family Law Section, to convene a work group to consider whether to eliminate fault-based grounds for divorce in the Commonwealth and to submit a report of its findings and recommendations to the Governor and to the Chairs of the House and Senate Committees for Courts of Justice no later than December 1, 2026.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 0 costs, 2 mixed.

Adultery before separation is divorce ground

Adultery that happened before the parties’ last separation is a legal ground for divorce in Virginia. A court can grant a fault-based divorce on that ground.

Faster separation divorces and filings

A court can grant a divorce after 12 months apart with no cohabitation. If you have a signed separation agreement and no minor children, it is six months. You can file for a bed-and-board divorce right away; there is no waiting period to start. Separation-based divorces already entered under this rule and not appealed to the Virginia Supreme Court remain valid.

Support stays after separation divorce

A divorce based only on living separate and apart does not lower spousal support by itself. To reduce support, the paying spouse must prove another legal ground for divorce under §20-91 or §20-95.

Study group on no-fault divorce

The Virginia Family Law Coalition and the Virginia State Bar Family Law Section convene a work group on no-fault divorce. Members include the Virginia Poverty Law Center, a Virginia domestic violence group, Social Services, a Virginia law professor, two senators, and two delegates. The group studies listed topics and reports to the Governor and committee chairs by December 1, 2026.

ID numbers required on divorce orders

Every divorce order must list each party’s Social Security number or DMV control number. This helps record keeping but can raise privacy concerns.

Sponsors & Cosponsors

Sponsor

  • Jen Kiggans - to resign 12/31

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 229 • No: 90

House vote 3/11/2026

Senate amendments agreed to by House

Yes: 64 • No: 34

Senate vote 3/10/2026

Courts of Justice Amendments agreed to

Yes: 0 • No: 0

Senate vote 3/10/2026

Passed Senate with amendments

Yes: 24 • No: 16

Senate vote 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/5/2026

Reported from Courts of Justice with amendments

Yes: 12 • No: 1 • Other: 1

House vote 2/10/2026

Read third time and passed House

Yes: 67 • No: 31

House vote 2/4/2026

Reported from Courts of Justice

Yes: 16 • No: 6

House vote 1/28/2026

Subcommittee recommends reporting

Yes: 6 • No: 2

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0918)

    4/13/2026Governor
  2. Approved by Governor-Chapter 918 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  4. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  5. Signed by Speaker

    3/31/2026House
  6. Bill text as passed House and Senate (HB303ER)

    3/30/2026House
  7. Enrolled

    3/30/2026House
  8. Signed by President

    3/30/2026Senate
  9. Senate amendments agreed to by House (64-Y 34-N 0-A)

    3/11/2026House
  10. Passed Senate with amendments (24-Y 16-N 0-A)

    3/10/2026Senate
  11. Courts of Justice Amendments agreed to

    3/10/2026Senate
  12. Engrossed by Senate as amended

    3/10/2026Senate
  13. Read third time

    3/10/2026Senate
  14. Passed by for the day Block Vote (Voice Vote)

    3/9/2026Senate
  15. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/9/2026Senate
  16. Rules suspended

    3/9/2026Senate
  17. Senate committee offered

    3/5/2026Senate
  18. Reported from Courts of Justice with amendments (12-Y 1-N 1-A)

    3/5/2026Senate
  19. Referred to Committee for Courts of Justice

    2/11/2026Senate
  20. Constitutional reading dispensed (on 1st reading)

    2/11/2026Senate
  21. Read third time and passed House (67-Y 31-N 0-A)

    2/10/2026House
  22. Read second time and engrossed

    2/9/2026House
  23. Read first time

    2/6/2026House
  24. Reported from Courts of Justice (16-Y 6-N)

    2/4/2026House
  25. Subcommittee recommends reporting (6-Y 2-N)

    1/28/2026House

Bill Text

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