Virginia 2026 Regular Session

Virginia House Bill HB303

Introduced
1/9/26  
Refer
1/9/26  
Report Pass
2/4/26  
Engrossed
2/9/26  
Refer
2/11/26  
Report Pass
3/5/26  
Engrossed
3/10/26  
Engrossed
3/11/26  
Enrolled
3/30/26  
Chaptered
4/13/26  

Caption

An Act to amend and reenact §§ 20-91 and 20-95 of the Code of Virginia, relating to divorce; adultery; filing; parties living separate and apart<em style="">; work group; report</em>.

Impact

If passed, HB303 will significantly impact divorce proceedings in Virginia by altering established grounds for divorce and possibly easing the process for couples seeking divorce after separation. The inclusion of provisions for couples without minor children to obtain a divorce after six months of separation presents a considerable shift towards a more streamlined, empathetic approach to family law. Furthermore, the bill positions Virginia on a trajectory towards a no-fault divorce model—similar to other states—that seeks to reduce the adversarial nature of divorce and accommodate domestic violence survivors and economically vulnerable individuals more effectively.

Summary

House Bill 303 aims to amend the Code of Virginia concerning divorce, specifically addressing grounds for divorce and introducing provisions for parties living separate and apart. The bill modifies the existing framework to allow for a divorce on the grounds of adultery that occurred prior to separation, alongside establishing clearer protocols for living separate and apart as valid grounds for divorce. It suggests a transition towards potentially eliminating fault-based grounds for divorce and adopting a no-fault divorce system, requiring a thorough analysis of its feasibility by a convened work group from relevant stakeholders.

Sentiment

The sentiment surrounding HB303 appears mixed, with support stemming from advocates for family law reform who view it as a progressive step towards simplifying the divorce process, especially for vulnerable populations. Conversely, there are concerns regarding the potential elimination of fault grounds, as some community members emphasize the need for such provisions to address issues of accountability and responsibility in divorce situations. The introduction of a work group also highlights the cautious and consultative approach being adopted by the legislators to gauge community needs and concerns before enacting significant changes in divorce law.

Contention

Critics of the proposed changes raise important considerations regarding the implications of removing fault-based grounds for divorce, arguing that this could undermine accountability in cases involving abuse or financial manipulation. The bill's movement towards a no-fault divorce system could be perceived as a loss of necessary protections for individuals facing complex domestic situations. The convened Virginia Family Law Coalition work group is expected to examine these points of contention closely as it explores recommendations for a revised divorce framework in the state.

Companion Bills

No companion bills found.

Previously Filed As

VA HB1775

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

VA SB519

Divorce; grounds, cruelty, abuse, desertion, or abandonment, eliminates waiting period.

VA HB1311

Divorce; cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment.

VA HB273

Divorce; cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment.

VA HB1903

Virginia Health Workforce Development Authority; Virginia Nursing Workforce Center established; reporting and monitoring of health care workforce programs; residency slots; work group; report.

VA SB835

Virginia College Opportunity Endowment and Fund; established, report.

VA HB2678

Title of purchase; judicial sale, application to divorce proceedings.

VA SB501

Virginia College Opportunity Endowment and Fund; created.

VA HB1305

Virginia College Opportunity Endowment and Fund; created.

VA HB2047

Virginia Residential Landlord and Tenant Act; algorithmic pricing devices, report.

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