Virginia Legal Guides
30 guides covering Virginia topics, each with Caselaw search beside the article.
Where to search Virginia lawFree caselaw search for Virginia — search by citation, case name, or legal issue, with full text and PDFs.
- Adverse Possession in Virginia
Virginia adverse possession: 15 years under Va. Code Ann. § 8.01-236. Elements, taxes, color of title, and linked Virginia opinions.
- Can I Get Sued After a Car Accident in Virginia? Does Fault Matter?
Virginia car accident lawsuits and fault: contributory negligence (any plaintiff fault can bar recovery) under Virginia common law (contributory negligence), when you can sue or be sued, insurance rules, and the statute of limitations (Two years for personal injury actions under Va. Code § 8.01-243.).
- Castle Doctrine in Virginia: Deadly Force Against Intruders
Virginia castle doctrine: when occupants may use deadly force against home intruders, key statutes (case law), presumptions, and leading cases.
- Child Custody and Parenting Time in Virginia
How Virginia courts decide custody and parenting time under Va. Code Ann. §§ 20-124.1 to 20-124.6, including best-interests factors, relocation, and modification.
- DUI Penalties in Virginia
Virginia DUI penalties under Va. Code Ann. § 18.2-266: BAC limits, first-offense range, when a DUI becomes a felony, and ignition-interlock rules.
- How Does Bond Work in Virginia? Bail and Pretrial Release Explained
Virginia bail and bond explained: Presumption of bail with judicial discretion. Types of release, what judges consider at a bail hearing, forfeiture risks, and linked Virginia opinions under Va. Code §§ 19.2-120 to 19.2-124.
- How Does Eviction Work in Virginia?
Virginia eviction / Unlawful detainer under Va. Code Ann. §§ 8.01-124 et seq.; §§ 55.1-1200 et seq. (Virginia Residential Landlord and Tenant Act — unlawful detainer): notices, filing forum, timeline to a writ of possession, and common tenant defenses.
- How Do You Make a Valid Will In Virginia?
To make a valid will under Virginia law, the will must be: In writing; Signed by the testator Witnessed by two competent witnesses The requirements to make a valid will under Virginia law are found at Virginia Code § 64.2-403 . Who C…
- How To Contest a Will in Virginia
One can contest a will in a Virginia probate proceeding on a number of grounds, including lack of proper testamentary formalities, undue influence, lack of capacity, and that the will was revoked. Contest a Will In Virginia For Lack of Prop…
- How to File a Lawsuit Without a Lawyer in Virginia: Pro Se Litigation Guide
A practical Virginia guide to representing yourself: what statutes, cases, and rules are; how to draft and file a complaint (Circuit) or warrant in debt / summons for unlawful detainer (GDC); how service and Virginia Judiciary eFiling / Odyssey (circuit-dependent) registration work; discovery; evidence; and how LawDiver helps you research authorities in the corpus.
- How to File for Divorce in Virginia
Virginia divorce filing guide: At least one party must have been a Virginia resident for 6 months before filing. equitable distribution; linked statutes and process overview.
- How to Get a Prison Sentence Reduced in Virginia
Paths to shorten or correct a Virginia prison sentence under Va. Code §§ 19.2-327.2 to 19.2-327.13: modification motions, good-time credits, parole, and post-conviction relief — with linked Virginia opinions.
- How to Modify Child Support in Virginia
Step-by-step guide to modifying a Virginia child support order under Va. Code § 20-108; § 20-108.2 (guidelines): what counts as a change in circumstances, when changes take effect, and the cases that matter.
- How to Modify Spousal Support in Virginia
Step-by-step guide to modifying spousal support in Virginia under Va. Code § 20-109: changed-circumstances standards, retirement and cohabitation rules, when changes take effect, and the cases that matter.
- Is Abortion Legal in Virginia?
Virginia abortion law after Dobbs: gestational limit. Third-trimester / viability-style limits rather than a near-total or six-week ban; earlier abortions remain broadly available subject to informed-consent and facility rules.. Linked statutes and Virginia opinions.
- Security Deposit Return in Virginia
How Virginia landlords must handle residential security deposits under Va. Code Ann. § 55.1-1226: limits, return deadlines, and wrongful-withholding remedies.
- Stand Your Ground Laws in Virginia
Virginia stand-your-ground overview (judicial (case-law) stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights Virginia
A surviving spouse is entitled to many rights and benefits under Virginia law, including: Intestate Share Elective Share Maintenance Allowance Exempt Property Homestead Allowance Learning about your widow's rights under Virginia law is the …
- Virginia Child Support Guidelines: How Support Is Calculated
How Virginia calculates child support under Va. Code §§ 20-108.1, 20-108.2, including the income shares, deviations, modification, and leading cases.
- Virginia Evidence Law: Admissibility, Hearsay, and Authenticity
A practitioner guide to Virginia evidence law under the Virginia Rules of Evidence: general admissibility, character evidence, hearsay and its workhorse exceptions, unavailable declarants, depositions at trial, party admissions, dying declarations, medical statements, and a dedicated authenticity section — with case and statute links in the LawDiver corpus.
- Virginia Expungement and sealing, Section by Section
Virginia expungement and sealing begins with Va. Code Ann. § 9.1-134, (Effective until July 1, 2026) Sealing of criminal history record information. This guide follows that petition, the records that travel under a different section, and the opinions that have already decided these requests.
- Virginia Spousal support: Eligibility, Amount, and Duration
How Virginia courts award spousal support under Va. Code §§ 20-107.1, 20-107.1:1: eligibility, statutory factors, duration, and leading cases.
- Virginia Supreme Court Affirms Decision Relying On Parol Evidence To Interpret Will
In the May 2020 opinion of Larsen v. Stack , the Virginia Supreme Court used the principles of will interpretation to interpret an ambiguous will using parol evidence. The Facts of Larsen v. Stack Erik Larsen died in April 2017. Erik’s will…
- Virginia Supreme Court: Attorney’s Fees Can Be Awarded In Fraud Suit Without Finding That Fraud Was “Particularly Egregious”
In St. John v. Thompson , the Virginia Supreme Court, in a February 25, 2021 opinion, reviewed a fraud case where fees were awarded in favor of the defrauded party, and considered whether attorney’s fees were only awardable in particularly …
- Virginia Supreme Court: The Term “Fair Market Value” In Codicil Provides No Certainty As To Price
Real property is routinely bequeathed to people in a decedent’s will or codicil. In the December 10, 2020 opinion of Wilburn v. Mangano , the Virginia Supreme Court considered whether an option to purchase decedent’s real property at “fair …
- Virginia Supreme Court: Unrepresented Parties Who Benefit From Partition Not Responsible For Plaintiff’s Attorneys Fees
It is not uncommon for one party to spearhead a lawsuit that benefits others who are not represented in the litigation. This scenario is often the case in partition actions involving inherited real property. In Berry v. Fitzhugh , the Virgi…
- What Happens If I Refuse a Breathalyzer Test in Virginia?
Virginia implied-consent consequences for refusing a chemical breath or blood test under Va. Code Ann. § 18.2-268.2, including license suspension and evidence use.
- Who Are Next Of Kin In Virginia?
Next of kin under Virginia law generally means the closest living relatives of the decedent. The Virginia Supreme Court has stated that the term “next of kin” is “a nontechnical term whose commonly accepted meaning is ‘nearest in blood.’” E…
- Who Can Create a Revocable Trust In Virginia?
To create a revocable trust under Virginia law, the settlor must be: At least 18 years old or an emancipated minor Of sound mind What Is the Age Requirement To Create a Revocable Trust Under Virginia Law? In Virginia, the same age re…
- Who Can Serve As Personal Representative In Virginia?
To serve as a personal representative in Virginia, an individual must be: 18 years of age or older; Able to obtain surety, if required; Suitable and competent to perform the duties of a personal representative in Virginia. Virginia d…