Va. Code » Title 20. Domestic Relations » Chapter 6. Divorce, Affirmation and Annulment
Virginia Code

Va. Code Ann. § 20-96 (2026)

Jurisdiction of suits for annulment, affirmance or divorce

✓ current as of May 2026
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The circuit court shall have jurisdiction of suits for annulling or affirming marriage and for divorces, and claims for separate maintenance, and such suits shall be heard by the judge as equitable claims.

Code 1919, § 5105; 1922, p. 589; 1966, c. 449; 1975, c. 644; 1977, c. 624; 1979, c. 488; 1987, c. 171; 1989, c. 556; 2005, c. 681.

Notes of Decisions
Cited in 54 cases (3 in the last 5 years), 1953–2026 · leading case: Est. of Hackler v. Hackler, 602 S.E.2d 426 (Va. Ct. App. 2004).
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Est. of Hackler v. Hackler, 602 S.E.2d 426 (Va. Ct. App. 2004). · cites it 4× “Code § 20-96 provides that "The circuit court, on the chancery side, shall have jurisdiction of suits for annulling or affirming marriage and for divorces.”
Rock v. Rock, 372 S.E.2d 211 (Va. Ct. App. 1988). · cites it 18× “The issue raised in this appeal is whether the trial court erred in dismissing the appellant’s divorce suit for lack of jurisdiction under Code § 20-96(B). We find that it did and reverse the trial court’s decision.”
Diana K. Brown v. Megan S. Brown, Individually & as Co-Adm'r, etc., 820 S.E.2d 384 (Va. Ct. App. 2018). · cites it 2× “One such ancillary matter is the equitable distribution of marital property. Code § 20-107.”
Netzer v. Reynolds, 345 S.E.2d 291 (Va. 1986). · cites it 4× “Code § 20-96 (B) provides, in pertinent part, that divorce suits shall be brought “in the county or corporation in which the parties last [cohabited], or at the option of the plaintiff, in the county or corporation in which the defendant resides, if a resident of this State.”
Smith v. Smith, 104 S.E.2d 17 (Va. 1958). · cites it 8× “The word "estate" is not limited under Code 1950, section 20-107 or section 20-96, to include only the rights of the parties created by the marital relation.”
Westbrook v. Westbrook, 364 S.E.2d 523 (Va. Ct. App. 1988). · cites it 2× “Divorce cases are generally considered equity cases because Code § 20-96(A) provides that the circuit courts, on the chancery side, shall have jurisdiction for annulling or affirming marriage and for divorces.”
Church v. Church, 483 S.E.2d 498 (Va. Ct. App. 1997). · cites it 4× “Thus, of the three titles, only Title 20 could arguably be invoked here, as the trial court was proceeding in chancery on the matter of divorce, specifically adjudicating child custody and support.”
Prizzia v. Prizzia, 707 S.E.2d 461 (Va. Ct. App. 2011). · cites it 2× “See Code § 20-107.3(A). Before a trial court can make an equitable distribution award under Code § 20-107.”
Reid v. Reid, 429 S.E.2d 208 (Va. 1993). · cites it 2× “Spousal support is based in part on the need of the dependent spouse and since 1982 may be awarded, even where the payor spouse was awarded the divorce on a fault ground, ‘ ‘if the court determines from clear and convincing evidence, that a denial of support and maintenance…”
Ragouzis v. Ragouzis, 391 S.E.2d 607 (Va. Ct. App. 1990). · cites it 16× “1, the long arm statute, and (2) that the Circuit Court of Pulaski County lacked subject matter jurisdiction under Code § 20-96 because the case was transferred to it by a court without jurisdiction.”
Rogers v. Damron, 479 S.E.2d 540 (Va. Ct. App. 1997). · cites it 2× “Code §§ 20-96, 20-107 (1975 & Supp.1980).”
Sprouse v. Griffin, 458 S.E.2d 770 (Va. 1995). · cites it 2× “In addition, a divorce suit abates when one party dies while the suit is pending and before a decree on the merits; this is because the death terminates the marriage, thus rendering the divorce suit moot as it relates to the parties’ marital status.”
Show all 54 citing cases →
— Va. Code Ann. § 20-96(A) — 2 cases
Westbrook v. Westbrook, 364 S.E.2d 523 (Va. Ct. App. 1988). “Divorce cases are generally considered equity cases because Code § 20-96(A) provides that the circuit courts, on the chancery side, shall have jurisdiction for annulling or affirming marriage and for divorces.”
Meade v. Meade, 650 F. Supp. 205 (M.D.N.C. 1986).
— Va. Code Ann. § 20-96(B) — 5 cases
Rock v. Rock, 372 S.E.2d 211 (Va. Ct. App. 1988). “The issue raised in this appeal is whether the trial court erred in dismissing the appellant’s divorce suit for lack of jurisdiction under Code § 20-96(B). We find that it did and reverse the trial court’s decision.”
Ragouzis v. Ragouzis, 391 S.E.2d 607 (Va. Ct. App. 1990). “1, the long arm statute, and (2) that the Circuit Court of Pulaski County lacked subject matter jurisdiction under Code § 20-96 because the case was transferred to it by a court without jurisdiction.”
O. Riddick Harrell, Jr. v. Christina H. Harrell (Va. Ct. App. 2005).
In re Geary, 1 Va. Cir. 295 (Rockingham Cir. Ct. 1982).
Mayo v. Mayo, 7 Va. Cir. 488 (Richmond County Cir. Ct. 1978).
— Va. Code Ann. § 20-96(C) — 1 case
Ragouzis v. Ragouzis, 391 S.E.2d 607 (Va. Ct. App. 1990). “1, the long arm statute, and (2) that the Circuit Court of Pulaski County lacked subject matter jurisdiction under Code § 20-96 because the case was transferred to it by a court without jurisdiction.”
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