If you’re dealing with a family law matter in Virginia, it’s essential to know that several new laws took effect on July 1, 2025, and they could directly impact your rights, obligations, and next steps. These legal updates change how courts across the Commonwealth handle sensitive issues that affect families every day.
Whether you’re recently separated, revisiting a custody arrangement, or trying to protect your safety and your children, understanding these recent changes can help you make more informed decisions from the start.
At The Law Office of Laura L. McQuesten, we understand how even subtle shifts in the law can create uncertainty for families already navigating deeply personal challenges. These recent updates reshape how courts handle everything from support calculations to parental protections. Below, we break down what’s changed, and how those changes could impact your next legal step.
Child Support Guidelines Have Increased
Virginia’s Schedule of Monthly Basic Child Support Obligations has been revised for the first time in over a decade. The new schedule now applies to combined gross monthly incomes of up to $42,500, up from the previous $35,000 threshold.
Why this matters:
Even if your income and parenting plan haven’t changed, the new formula may affect your financial responsibility or entitle you to a different support amount. This could impact both new and existing child support orders.
It may be time to review your current support arrangement.
You Can File for “Bed and Board” Divorce Right After Separating
Under the updated Virginia Code §20‑95, you can now file for a “bed and board” divorce immediately after separation, as long as there’s clear intent to remain permanently apart.
This form of divorce does not fully dissolve the marriage (so remarriage isn’t permitted), but it can allow courts to step in earlier to address custody, financial support, and property-related matters.
Why this matters:
You no longer have to wait months to request court intervention. Filing early can provide a legal framework during an uncertain or high-conflict period.
Protective Orders Can Now Last Up to Four Years
Virginia courts may now issue a protective order lasting up to four years, double the previous maximum, if the respondent has had a prior protective order within the last 10 years.
Why this matters:
Longer-lasting protection means fewer court appearances and more stability for survivors of domestic violence, familial abuse, or harassment. This update aims to reduce retraumatization and offer much needed peace and stability.
Military Protective Orders (MPOs) Now Hold More Weight
Military Protective Orders now carry greater authority in Virginia family courts. An MPO may be sufficient on its own to justify issuing a Preliminary Protective Order in civil court, even without additional supporting evidence. What’s more, if a protective order is violated, courts are now required to notify the appropriate military authorities.
Why this matters:
This integration of civilian and military protective systems offers stronger, faster protection for active-duty service members and their families, especially in military-heavy areas like Virginia Beach and Norfolk.
Parental Rights Are Now Denied to Rapists, Even Without a Conviction
A person who conceives a child through rape, incest, or carnal knowledge is now barred from being granted parental rights in Virginia, regardless of whether there’s a criminal conviction. Civil courts can apply this restriction based on clear and convincing evidence.
Why this matters:
This change provides vital legal protection for survivors, ensuring they cannot be forced into co-parenting arrangements with someone who committed sexual violence.
If you’re in a sensitive situation involving this type of trauma, this law offers an additional layer of security.
Restoration of Parental Rights Allowed in Limited Circumstances
In some cases, a biological parent whose rights were previously terminated may now seek legal restoration, but only under very specific conditions. Virginia law (Va. Code §16.1‑278.15) allows for this if:
- The adoptive parent has passed away or surrendered custody
- The biological parent has stayed involved in a meaningful, positive way
- All prior agreements have been honored
- All parties, including the child if appropriate, give consent
Why this matters:
For some families, this offers a rare opportunity to reestablish legal parental rights in a way that supports the child’s well-being and long-term stability. Because the criteria are strict and deeply case-specific, it’s essential to speak with a knowledgeable Virginia attorney if you’re considering this path.
What Should You Do Next?
These new laws may not apply to everyone, but for many families in Virginia Beach, they change what’s possible (and what’s advisable) in the months ahead. If you’re unsure how the updates may affect your situation, it’s worth speaking with an attorney.
Here’s a quick checklist to get started:
- Review any existing child support orders, as the updated guidelines may affect them.
- Consider filing for bed and board divorce if you're freshly separated.
- Explore eligibility for extended protective orders if you’ve faced patterns of abuse.
- Leverage military protections if your household includes active-duty service members.
- Understand your rights if your family situation involves past sexual violence.
- Ask your attorney whether reinstating parental rights is possible if you're navigating post-adoption circumstances.
Helping You Understand What Virginia’s 2025 Family Law Updates Mean for You
For families trying to make decisions during difficult transitions, even small legal changes can bring unexpected questions. That’s why The Law Office of Laura L. McQuesten works closely with clients to understand how Virginia’s 2025 family law updates may apply to their situation.
Whether you’re recently separated, revisiting a support order, considering revising a parenting plan, or protecting your safety, we focus on the details that matter to you. Our role is to explain the laws that apply to your case, answer your questions honestly, and help you make decisions that support your long-term stability and well-being.
When You’re Ready, We’re Here to Talk
At The Law Office of Laura L. McQuesten, we’re committed to helping families across Hampton Roads and the surrounding communities make confident, informed decisions when the law and life changes.
Whether you're dealing with separation, child support, custody, or safety-related concerns, these legal updates may affect your rights and your options. Schedule a confidential consultation today, and let’s talk through what’s changed, what matters most to you, and how we can help you take the next step forward with clarity.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney–client relationship. Please consult a licensed Virginia attorney for personalized legal guidance.