The FWD #237 • 623 words

State laws and lack of housing make divorce worse, especially for low-income women.

A new legal analysis reveals how procedural barriers in Virginia’s family courts create cascading housing crises—and why affordable housing advocates should pay attention.

Divorce isn’t just a personal matter—it’s a housing crisis waiting to happen. When one household splits into two, housing costs immediately double. For low-income families already stretched thin, this financial reality can trigger a full-scale housing emergency.

But here’s the problem: Virginia’s divorce laws make that crisis worse.

A recent law review article by George Washington University’s Professor Laurie Kohn exposes how our state’s divorce procedures trap families in legal—and housing—limbo for months or even years. The research reveals a system that’s particularly devastating for low-income women and their children.

The Virginia Problem

While fault-based divorces that involve adultery, cruelty, desertion, or a felony conviction can lead to immediate divorce filings, it falls upon the victim to prove wrongdoing. These efforts can not only be costly but in the case of emotional or psychologically abusive situations can be difficult to build a case on. The alternative is often trying to seek a no-fault divorce. But under Virginia Code § 20-91, couples seeking no-fault divorce must live “separate and apart” for six months to one year before they can even file paperwork.

During this extended separation period, families face impossible choices. As a married couple, you could easily afford a mortgage or rent. But now, on your own, affording rent could be next to impossible. The situation could be made worse by an uncooperative spouse. Others may even find themselves legally unable to access assistance because means-tested programs (e.g., Supplemental Nutrition Assistance Program , Housing Choice Vouchers, etc.) still count their estranged spouse’s income.

Consider “Tonia” from Kohn’s study—trapped in a one-bedroom efficiency apartment with her estranged husband for years because she couldn’t afford to move out and start the legal separation clock. When she finally did move, her husband stopped paying rent on their shared lease, leaving her responsible for $24,000 in back rent by the time their divorce was finalized.

Why Housing Advocates Should Care

These aren’t isolated cases. The research shows that procedural delays in family court create predictable patterns of housing displacement, particularly affecting:

• Low-income women, who are more likely to have primary custody and less access to family finances;
• Children, who experience housing instability during the most vulnerable periods of family transition; and
• Communities, where prolonged family court cases strain emergency housing resources.

The intersections run deeper than individual hardship. When Virginia’s divorce laws prevent people from accessing their legal status quickly, they also prevent access to:

• The ability to independently qualify for leases and mortgages.
• Housing Choice Vouchers and other rental assistance programs;
• Eligibility for affordable housing lotteries as single-person or single-parent households; and
• The ability to independently qualify for leases and mortgages.

Upstream Issues are Downstream Housing Issues

Professor Kohn’s research suggests several reforms that could reduce housing displacement:

• Eliminate excessive waiting periods that serve no protective purpose
• Create expedited processes for cases involving housing emergencies
• Adapt court procedures to recognize the urgent nature of family housing crises

For Virginia’s affordable housing community, this research highlights how legal barriers compound housing challenges. When we advocate for more affordable units, we should also consider how other systems—like family courts—can either support or undermine housing stability.

The Bottom Line

Virginia’s divorce laws weren’t designed with housing affordability in mind. But their impact on housing access is undeniable. As we work to expand affordable housing opportunities, we must also examine how procedural barriers in other systems create unnecessary displacement and instability.

Housing security isn’t just about having enough units—it’s about removing all the barriers that keep families from accessing the stability they need.