{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-79.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-79.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-79.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-79.html"}],"law_id":78582,"edition_id":1,"section_id":78582,"structure_id":13013,"section_number":"20-79","catch_line":"Effect of divorce proceedings","history":"Code 1919, \u00a7 1939; 1940, p. 478; 1960, c. 76; 1964, c. 636; 1970, c. 459; 1974, cc. 464, 473; 1975, c. 644; 1976, c. 345; 1977, c. 71; 1988, c. 502; 1994, c. 769; 2018, c. 254.","full_text":"a\n\nIn any case where an order has been entered under the provisions of this chapter, directing either party to pay any sum or sums of money for the support of his or her spouse, or concerning the care, custody or maintenance of any child, or children, the jurisdiction of the court which entered such order shall cease and its orders become inoperative upon the entry of a decree by the court or the judge thereof in vacation in a suit for divorce instituted in any circuit court in this Commonwealth having jurisdiction thereof, in which decree provision is made for support and maintenance for the spouse or concerning the care, custody or maintenance of a child or children, or concerning any matter provided in a decree in the divorce proceedings in accordance with the provisions of § 20-103.b\n\nIn any suit for divorce, the court in which the suit is instituted or pending, when either party to the proceedings so requests, shall provide in its decree for the maintenance, support, care or custody of the child or children in accordance with Chapter 6.1 (§ 20-124.1 et seq.), support and maintenance for the spouse, if the same be sought, and counsel fees and other costs, if in the judgment of the court any or all of the foregoing should be so decreed.c\n\nEnforcement of orders. In any suit for divorce or suit for maintenance and support, the court may after a hearing, pendente lite, or in any decree of divorce a mensa et thoro, decree of divorce a vinculo matrimonii, final decree for maintenance and support, or subsequent decree in such suit, transfer to the juvenile and domestic relations district court the enforcement of its orders pertaining to support and maintenance for the spouse, maintenance, support, care and custody of the child or children.\n\t\t\tTransfer of case for modification. After the entry of a decree of divorce a vinculo matrimonii the court may transfer to the juvenile and domestic relations district court any other matters pertaining to support and maintenance for the spouse, maintenance, support, care and custody of the child or children on motion by either party, and may so transfer such matters before the entry of such decree on motion joined in by both parties. A court shall not (i) transfer a case for modification to the juvenile and domestic relations district court in the absence of a motion by either party or (ii) require a provision for transfer of matters for modification to the juvenile and domestic relations district court as a condition of entry of a decree of divorce a vinculo matrimonii.\n\t\t\tChange of venue. In the transfer of any matters referred to herein, the court may, upon the motion of any party, or on its own motion, and for good cause shown, transfer any matters covered by said decree or decrees to any circuit court or juvenile and domestic relations district court within the Commonwealth that constitutes a more appropriate forum. An appeal of an order by such juvenile and domestic relations district court which is to enforce or modify the decree in the divorce suit shall be as provided in § 16.1-296.","order_by":null,"text":{"0":{"id":281612,"text":"In any case where an order has been entered under the provisions of this chapter, directing either party to pay any sum or sums of money for the support of his or her spouse, or concerning the care, custody or maintenance of any child, or children, the jurisdiction of the court which entered such order shall cease and its orders become inoperative upon the entry of a decree by the court or the judge thereof in vacation in a suit for divorce instituted in any circuit court in this Commonwealth having jurisdiction thereof, in which decree provision is made for support and maintenance for the spouse or concerning the care, custody or maintenance of a child or children, or concerning any matter provided in a decree in the divorce proceedings in accordance with the provisions of § 20-103.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":281613,"text":"In any suit for divorce, the court in which the suit is instituted or pending, when either party to the proceedings so requests, shall provide in its decree for the maintenance, support, care or custody of the child or children in accordance with Chapter 6.1 (§ 20-124.1 et seq.), support and maintenance for the spouse, if the same be sought, and counsel fees and other costs, if in the judgment of the court any or all of the foregoing should be so decreed.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"2":{"id":281614,"text":"Enforcement of orders. In any suit for divorce or suit for maintenance and support, the court may after a hearing, pendente lite, or in any decree of divorce a mensa et thoro, decree of divorce a vinculo matrimonii, final decree for maintenance and support, or subsequent decree in such suit, transfer to the juvenile and domestic relations district court the enforcement of its orders pertaining to support and maintenance for the spouse, maintenance, support, care and custody of the child or children.\n\t\t\tTransfer of case for modification. After the entry of a decree of divorce a vinculo matrimonii the court may transfer to the juvenile and domestic relations district court any other matters pertaining to support and maintenance for the spouse, maintenance, support, care and custody of the child or children on motion by either party, and may so transfer such matters before the entry of such decree on motion joined in by both parties. A court shall not (i) transfer a case for modification to the juvenile and domestic relations district court in the absence of a motion by either party or (ii) require a provision for transfer of matters for modification to the juvenile and domestic relations district court as a condition of entry of a decree of divorce a vinculo matrimonii.\n\t\t\tChange of venue. In the transfer of any matters referred to herein, the court may, upon the motion of any party, or on its own motion, and for good cause shown, transfer any matters covered by said decree or decrees to any circuit court or juvenile and domestic relations district court within the Commonwealth that constitutes a more appropriate forum. An appeal of an order by such juvenile and domestic relations district court which is to enforce or modify the decree in the divorce suit shall be as provided in § 16.1-296.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b"}},"ancestry":[{"id":13013,"edition_id":1,"name":"Desertion and Nonsupport","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":178421,"object_type":"structure","relational_id":13013,"identifier":"5","token":"20\/5","url":"\/20\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68962,"structure_id":13013,"section_number":"20-61","catch_line":"Desertion or nonsupport of wife, husband or children in necessitous circumstances","url":"\/20-61\/","token":"20\/5\/20-61","metadata":false},{"id":87062,"structure_id":13013,"section_number":"20-61.1","catch_line":"Repealed","url":"\/20-61.1\/","token":"20\/5\/20-61.1","metadata":false},{"id":57689,"structure_id":13013,"section_number":"20-61.3","catch_line":"Consequences of a putative father failing to appear","url":"\/20-61.3\/","token":"20\/5\/20-61.3","metadata":false},{"id":55172,"structure_id":13013,"section_number":"20-62","catch_line":"Commitment to workhouse, city farm or work squad for such desertion","url":"\/20-62\/","token":"20\/5\/20-62","metadata":false},{"id":66099,"structure_id":13013,"section_number":"20-63","catch_line":"Support payments by county or city","url":"\/20-63\/","token":"20\/5\/20-63","metadata":false},{"id":68667,"structure_id":13013,"section_number":"20-64","catch_line":"Proceedings instituted by petition","url":"\/20-64\/","token":"20\/5\/20-64","metadata":false},{"id":65766,"structure_id":13013,"section_number":"20-65","catch_line":"Summons or warrant; investigation and hearing","url":"\/20-65\/","token":"20\/5\/20-65","metadata":false},{"id":68728,"structure_id":13013,"section_number":"20-66","catch_line":"Contempt proceedings; trial in absence of defendant","url":"\/20-66\/","token":"20\/5\/20-66","metadata":false},{"id":64821,"structure_id":13013,"section_number":"20-67","catch_line":"Jurisdiction","url":"\/20-67\/","token":"20\/5\/20-67","metadata":false},{"id":83650,"structure_id":13013,"section_number":"20-68","catch_line":"Appeal","url":"\/20-68\/","token":"20\/5\/20-68","metadata":false},{"id":63813,"structure_id":13013,"section_number":"20-69","catch_line":"Fees of officers","url":"\/20-69\/","token":"20\/5\/20-69","metadata":false},{"id":56677,"structure_id":13013,"section_number":"20-70","catch_line":"No warrant of arrest to issue","url":"\/20-70\/","token":"20\/5\/20-70","metadata":false},{"id":81017,"structure_id":13013,"section_number":"20-71","catch_line":"Temporary orders for support","url":"\/20-71\/","token":"20\/5\/20-71","metadata":false},{"id":65803,"structure_id":13013,"section_number":"20-71.1","catch_line":"Attorneys' fees in proceedings under \u00a7 20-71","url":"\/20-71.1\/","token":"20\/5\/20-71.1","metadata":false},{"id":63723,"structure_id":13013,"section_number":"20-72","catch_line":"Probation on order directing defendant to pay and enter recognizance","url":"\/20-72\/","token":"20\/5\/20-72","metadata":false},{"id":79282,"structure_id":13013,"section_number":"20-73","catch_line":"Condition of the recognizance","url":"\/20-73\/","token":"20\/5\/20-73","metadata":false},{"id":55024,"structure_id":13013,"section_number":"20-74","catch_line":"Support orders to remain in effect until annulled; modification","url":"\/20-74\/","token":"20\/5\/20-74","metadata":false},{"id":56901,"structure_id":13013,"section_number":"20-75","catch_line":"Procedure when accused outside territorial jurisdiction","url":"\/20-75\/","token":"20\/5\/20-75","metadata":false},{"id":56591,"structure_id":13013,"section_number":"20-76","catch_line":"Repealed","url":"\/20-76\/","token":"20\/5\/20-76","metadata":false},{"id":83903,"structure_id":13013,"section_number":"20-77","catch_line":"When authority to suspend sentence may be exercised; deduction of certain time from sentence","url":"\/20-77\/","token":"20\/5\/20-77","metadata":false},{"id":85444,"structure_id":13013,"section_number":"20-78","catch_line":"Continuance of failure to support after completion of sentence","url":"\/20-78\/","token":"20\/5\/20-78","metadata":false},{"id":56123,"structure_id":13013,"section_number":"20-78.1","catch_line":"Effect of entry of support order in certain garnishment proceedings","url":"\/20-78.1\/","token":"20\/5\/20-78.1","metadata":false},{"id":57756,"structure_id":13013,"section_number":"20-78.2","catch_line":"Attorney fees and interest on support arrearage","url":"\/20-78.2\/","token":"20\/5\/20-78.2","metadata":false},{"id":78582,"structure_id":13013,"section_number":"20-79","catch_line":"Effect of divorce proceedings","url":"\/20-79\/","token":"20\/5\/20-79","metadata":false},{"id":64307,"structure_id":13013,"section_number":"20-79.1","catch_line":"Enforcement of support orders; income deduction; penalty for wrongful discharge","url":"\/20-79.1\/","token":"20\/5\/20-79.1","metadata":false},{"id":58663,"structure_id":13013,"section_number":"20-79.2","catch_line":"Immediate income deduction; income withholding","url":"\/20-79.2\/","token":"20\/5\/20-79.2","metadata":false},{"id":77212,"structure_id":13013,"section_number":"20-79.3","catch_line":"Information required in income deduction order","url":"\/20-79.3\/","token":"20\/5\/20-79.3","metadata":false},{"id":54084,"structure_id":13013,"section_number":"20-80","catch_line":"Violation of orders; trial; forfeiture of recognizance","url":"\/20-80\/","token":"20\/5\/20-80","metadata":false},{"id":78344,"structure_id":13013,"section_number":"20-81","catch_line":"Presumptions as to desertion and abandonment","url":"\/20-81\/","token":"20\/5\/20-81","metadata":false},{"id":71297,"structure_id":13013,"section_number":"20-82","catch_line":"Spouses competent as witnesses","url":"\/20-82\/","token":"20\/5\/20-82","metadata":false},{"id":62002,"structure_id":13013,"section_number":"20-83","catch_line":"Venue of offense","url":"\/20-83\/","token":"20\/5\/20-83","metadata":false},{"id":78671,"structure_id":13013,"section_number":"20-83.1","catch_line":"Transfer of cases between courts in certain instances","url":"\/20-83.1\/","token":"20\/5\/20-83.1","metadata":false},{"id":54200,"structure_id":13013,"section_number":"20-84","catch_line":"Extradition","url":"\/20-84\/","token":"20\/5\/20-84","metadata":false},{"id":87005,"structure_id":13013,"section_number":"20-85","catch_line":"Repealed","url":"\/20-85\/","token":"20\/5\/20-85","metadata":false},{"id":56884,"structure_id":13013,"section_number":"20-87","catch_line":"Arrest for violating directions, rules or regulations given by judge","url":"\/20-87\/","token":"20\/5\/20-87","metadata":false},{"id":73883,"structure_id":13013,"section_number":"20-87.1","catch_line":"Repealed","url":"\/20-87.1\/","token":"20\/5\/20-87.1","metadata":false},{"id":60261,"structure_id":13013,"section_number":"20-88","catch_line":"Support of parents by children","url":"\/20-88\/","token":"20\/5\/20-88","metadata":false},{"id":66481,"structure_id":13013,"section_number":"20-88.01","catch_line":"Repealed","url":"\/20-88.01\/","token":"20\/5\/20-88.01","metadata":false},{"id":79708,"structure_id":13013,"section_number":"20-88.02","catch_line":"Transfer of assets to qualify for assistance; liability of transferees","url":"\/20-88.02\/","token":"20\/5\/20-88.02","metadata":false},{"id":80205,"structure_id":13013,"section_number":"20-88.02:1","catch_line":"Limitations on spousal support orders resulting in eligibility for medical assistance services; definitions","url":"\/20-88.02_1\/","token":"20\/5\/20-88.02_1","metadata":false}],"previous_section":{"id":57756,"structure_id":13013,"section_number":"20-78.2","catch_line":"Attorney fees and interest on support arrearage","url":"\/20-78.2\/","token":"20\/5\/20-78.2","metadata":false},"next_section":{"id":64307,"structure_id":13013,"section_number":"20-79.1","catch_line":"Enforcement of support orders; income deduction; penalty for wrongful discharge","url":"\/20-79.1\/","token":"20\/5\/20-79.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-79\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 76; in 1964, chapter 636; in 1970, chapter 459; in 1974, chapters 464 and 473; in 1975, chapter 644; in 1976, chapter 345; in 1977, chapter 71; in 1988, chapter 502; in 1994, chapter 769<\/a>; in 2018, chapter 254<\/a>.<\/p>","references":[{"id":71654,"section_number":"16.1-243","catch_line":"Venue","order_by":null,"url":"\/16.1-243\/"},{"id":61778,"section_number":"16.1-278.16","catch_line":"Failure to comply with support obligation; payroll deduction; commitment","order_by":null,"url":"\/16.1-278.16\/"},{"id":63607,"section_number":"16.1-278.17","catch_line":"Pendente lite support","order_by":null,"url":"\/16.1-278.17\/"},{"id":66604,"section_number":"20-113","catch_line":"Procedure when respondent fails to perform order for support and maintenance of child or spouse or owes support and maintenance or additional support and maintenance","order_by":null,"url":"\/20-113\/"},{"id":83903,"section_number":"20-77","catch_line":"When authority to suspend sentence may be exercised; deduction of certain time from sentence","order_by":null,"url":"\/20-77\/"},{"id":85444,"section_number":"20-78","catch_line":"Continuance of failure to support after completion of sentence","order_by":null,"url":"\/20-78\/"}],"refers_to":[{"id":81859,"section_number":"16.1-296","catch_line":"Jurisdiction of appeals; procedure","order_by":null,"url":"\/16.1-296\/"},{"id":60825,"section_number":"20-124.1","catch_line":"Definitions","order_by":null,"url":"\/20-124.1\/"}],"permalink":{"id":178515,"object_type":"law","relational_id":78582,"identifier":"20-79","token":"20\/5\/20-79","url":"\/20-79\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-79\/","token":"20\/5\/20-79","dublin_core":{"Title":"Effect of divorce proceedings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-79","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> In any case where an order<\/span> has been entered under the provisions of this chapter, directing either party<\/span> to pay any sum or sums of money for the support of his or her spouse, or concerning the care, custody<\/span> or maintenance of any child, or children, the jurisdiction<\/span> of the court<\/span> which entered such order<\/span> shall cease and its orders<\/span> become inoperative upon the entry of a decree<\/span> by the court<\/span> or the judge<\/span> thereof in vacation in a suit for divorce instituted in any circuit<\/span> court<\/span> in this Commonwealth having jurisdiction<\/span> thereof, in which decree<\/span> provision is made for support and maintenance for the spouse or concerning the care, custody<\/span> or maintenance of a child or children, or concerning any matter provided in a decree<\/span> in the divorce proceedings in accordance with the provisions of § 20-103<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> In any suit for divorce, the court<\/span> in which the suit is instituted or pending, when either party<\/span> to the proceedings so requests, shall provide in its decree<\/span> for the maintenance, support, care or custody<\/span> of the child or children in accordance with Chapter 6.1 (§ 20-124.1<\/a> et seq.), support and maintenance for the spouse, if the same be sought, and counsel<\/span> fees and other costs, if in the judgment<\/span> of the court<\/span> any or all of the foregoing should be so decreed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Enforcement of orders<\/span>. In any suit for divorce or suit for maintenance and support, the court<\/span> may after a hearing<\/span>, pendente lite<\/span>, or in any decree<\/span> of divorce a mensa et thoro, decree<\/span> of divorce a vinculo matrimonii, final decree<\/span> for maintenance and support, or subsequent decree<\/span> in such suit, transfer to the juvenile and domestic relations district court<\/span> the enforcement of its orders<\/span> pertaining to support and maintenance for the spouse, maintenance, support, care and custody<\/span> of the child or children.\n\t\t\tTransfer of case for modification. After the entry of a decree<\/span> of divorce a vinculo matrimonii the court<\/span> may transfer to the juvenile and domestic relations district court<\/span> any other matters pertaining to support and maintenance for the spouse, maintenance, support, care and custody<\/span> of the child or children on motion<\/span> by either party<\/span>, and may so transfer such matters before the entry of such decree<\/span> on motion<\/span> joined in by both parties. A court<\/span> shall not (i) transfer a case for modification to the juvenile and domestic relations district court<\/span> in the absence of a motion<\/span> by either party<\/span> or (ii) require a provision for transfer of matters for modification to the juvenile and domestic relations district court<\/span> as a condition of entry of a decree<\/span> of divorce a vinculo matrimonii.\n\t\t\tChange of venue<\/span>. In the transfer of any matters referred to herein, the court<\/span> may, upon the motion<\/span> of any party<\/span>, or on its own motion<\/span>, and for good cause shown, transfer any matters covered by said decree<\/span> or decrees<\/span> to any circuit<\/span> court<\/span> or juvenile and domestic relations district court<\/span> within the Commonwealth that constitutes a more appropriate forum. An appeal<\/span> of an order<\/span> by such juvenile and domestic relations district court<\/span> which is to enforce or modify the decree<\/span> in the divorce suit shall be as provided in § 16.1-296<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECT OF DIVORCE PROCEEDINGS (\u00a7 20-79)\n\na. In any case where an order has been entered under the provisions of this\nchapter, directing either party to pay any sum or sums of money for the support\nof his or her spouse, or concerning the care, custody or maintenance of any\nchild, or children, the jurisdiction of the court which entered such order shall\ncease and its orders become inoperative upon the entry of a decree by the court\nor the judge thereof in vacation in a suit for divorce instituted in any circuit\ncourt in this Commonwealth having jurisdiction thereof, in which decree\nprovision is made for support and maintenance for the spouse or concerning the\ncare, custody or maintenance of a child or children, or concerning any matter\nprovided in a decree in the divorce proceedings in accordance with the\nprovisions of § 20-103.\n\nb. In any suit for divorce, the court in which the suit is instituted or\npending, when either party to the proceedings so requests, shall provide in its\ndecree for the maintenance, support, care or custody of the child or children in\naccordance with Chapter 6.1 (§ 20-124.1 et seq.), support and maintenance\nfor the spouse, if the same be sought, and counsel fees and other costs, if in\nthe judgment of the court any or all of the foregoing should be so decreed.\n\nc. Enforcement of orders. In any suit for divorce or suit for maintenance and\nsupport, the court may after a hearing, pendente lite, or in any decree of\ndivorce a mensa et thoro, decree of divorce a vinculo matrimonii, final decree\nfor maintenance and support, or subsequent decree in such suit, transfer to the\njuvenile and domestic relations district court the enforcement of its orders\npertaining to support and maintenance for the spouse, maintenance, support, care\nand custody of the child or children.\n\t\t\tTransfer of case for modification. After the entry of a decree of divorce a\nvinculo matrimonii the court may transfer to the juvenile and domestic relations\ndistrict court any other matters pertaining to support and maintenance for the\nspouse, maintenance, support, care and custody of the child or children on\nmotion by either party, and may so transfer such matters before the entry of\nsuch decree on motion joined in by both parties. A court shall not (i) transfer\na case for modification to the juvenile and domestic relations district court in\nthe absence of a motion by either party or (ii) require a provision for transfer\nof matters for modification to the juvenile and domestic relations district\ncourt as a condition of entry of a decree of divorce a vinculo matrimonii.\n\t\t\tChange of venue. In the transfer of any matters referred to herein, the court\nmay, upon the motion of any party, or on its own motion, and for good cause\nshown, transfer any matters covered by said decree or decrees to any circuit\ncourt or juvenile and domestic relations district court within the Commonwealth\nthat constitutes a more appropriate forum. An appeal of an order by such\njuvenile and domestic relations district court which is to enforce or modify the\ndecree in the divorce suit shall be as provided in § 16.1-296.\n\nHISTORY: Code 1919, \u00a7 1939; 1940, p. 478; 1960, c. 76; 1964, c. 636; 1970, c.\n459; 1974, cc. 464, 473; 1975, c. 644; 1976, c. 345; 1977, c. 71; 1988, c. 502;\n1994, c. 769; 2018, c. 254.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}