Reviewed August 2026
Court Hearings in Virginia
In a Virginia divorce, either spouse can file a motion asking the court for a range of relief while the case is pending. This falls under Va. Code 20-103. This single statute covers a lot of ground. It includes temporary spousal support, custody and child support, and exclusive use of the family home. It also covers orders preventing either spouse from restraining the other's personal liberty. All of this applies while the suit works its way to a final decree. Virginia uses a specific formula for pendente lite spousal support. It does not leave the amount entirely to the judge's discretion. With minor children together, the presumptive award is 26 percent of the paying spouse's monthly income, minus 58 percent of the receiving spouse's monthly income. Without minor children, it is 27 percent minus 50 percent. This formula only applies when combined monthly gross income is $10,000 or less. Anyone with contested custody, visitation, or support also generally has to attend an educational seminar. It covers the effects of separation and divorce on children. It must happen before or shortly after the court appearance.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how court hearings works under Virginia law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Virginia paperwork. See how Virdix works for California divorces.
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What a pendente lite order can cover
Va. Code 20-103 lets the court act at any time while a divorce, annulment, or separate maintenance suit is pending. It can order a spouse to pay support needed for the other spouse's maintenance. It can order health care coverage, or payment of joint or individual debts. The court can also enable a spouse to carry on the suit financially. It can restrain either spouse from imposing on the other's personal liberty. It can address custody and child support, and grant exclusive use of the family residence during the case. It can also take steps to preserve either spouse's estate. That keeps it available to satisfy a later decree.
The pendente lite spousal support formula
Virginia applies a presumptive formula for pendente lite spousal support. This applies when combined monthly gross income does not exceed $10,000. With minor children in common, the award is 26 percent of the paying spouse's income, minus 58 percent of the receiving spouse's income. Without minor children, it is 27 percent minus 50 percent. The court can deviate from this presumptive amount for good cause. It weighs the parties' current financial circumstances or tax impacts. Any order entered has no presumptive effect on the final outcome of the case.
Required parenting seminar
When custody, visitation, or support for a child is contested, the parties generally must attend an approved educational seminar. It must run at least four hours. It covers the effects of separation and divorce on children, parenting responsibilities, conflict resolution options, and financial responsibilities. This has to happen within 12 months before the court appearance, or within 45 days after. Courts can require it in uncontested cases only for good cause. They can grant exemptions for good cause, or when no program is reasonably available. The fee is based on ability to pay and cannot exceed $50.
Emergency exclusion from the family home
A party may show a reasonable apprehension of physical harm from a family or household member. If so, the court can enter an order excluding that person from a jointly owned or jointly rented family dwelling. An ex parte hearing cannot exclude the person for more than 15 days from service. It can provide for an automatic extension. The excluded person can also file a written motion requesting a hearing to dissolve or modify it. If that person fails to appear at a scheduled hearing, the court can extend the order for up to six months.
Where cases are heard
Virginia divorce cases are heard in circuit court, and pendente lite motions are filed within the pending suit. Custody or visitation matters outside of a divorce case can also be addressed under the same statute. This applies when a party seeks an order pending the suit. The order can be directed to either parent, or another person with a legitimate interest in the case. Local circuit court rules govern the specific scheduling process for a pendente lite hearing.
Sources: Va. Code 20-103, court may make orders pending suit for divorce, custody or visitation, etc., including the pendente lite spousal support formula, Virginia's Judicial System, statewide courts site
Not independently confirmed
- Confirm current circuit-by-circuit scheduling practices and remote hearing availability for Virginia pendente lite motions with the applicable circuit court's clerk's office.
- The current list of Office of the Executive Secretary-approved parenting seminar providers by locality was not verified for this page; confirm with the circuit clerk handling the case.
Court Hearings in Virginia: frequently asked questions
What is a pendente lite order in a Virginia divorce?+
It is temporary relief ordered under Va. Code 20-103 while a divorce case is pending, which can include spousal support, custody and child support, exclusive use of the family home, and orders protecting each spouse's personal liberty and property.
How is temporary spousal support calculated in Virginia?+
Virginia uses a presumptive formula when combined monthly gross income is $10,000 or less. With minor children, it is 26 percent of the payor's income minus 58 percent of the payee's income. Without minor children, it is 27 percent minus 50 percent. A court can deviate for good cause.
Do I have to attend a class before a contested custody hearing in Virginia?+
Generally yes. When custody, visitation, or child support is contested, the parties must show proof of attending an approved four-hour educational seminar about the effects of divorce on children, either within 12 months before or 45 days after the court appearance, unless exempted.
Can a Virginia court remove my spouse from our home without a full hearing first?+
Yes, in limited circumstances. If a party shows reasonable apprehension of physical harm, the court can enter an exclusion order after an ex parte hearing, but it cannot exclude the person for more than 15 days without further process, and that person can request a hearing to dissolve or modify it.
Does a temporary spousal support order affect the final divorce outcome in Virginia?+
No. Va. Code 20-103 specifically states that an order entered under this section has no presumptive effect and is not determinative when the court later adjudicates the underlying divorce case.
Which court hears divorce cases in Virginia?+
Circuit court. Pendente lite motions for temporary relief are filed within the pending divorce suit, and local circuit court rules govern how quickly a hearing on that motion is scheduled.
This page is general information about court hearings in Virginia, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Virginia's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Virginia. Virdix does not prepare or file Virginia divorce paperwork. It is not a substitute for an attorney licensed in Virginia.
More Virginia divorce guides
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