Filing for divorce in Virginia marks the legal beginning of ending your marriage. Whether you're pursuing an uncontested divorce where both spouses agree on all terms, or facing a contested situation with disputes to resolve, understanding the Virginia filing for divorce filing process helps you navigate this difficult time with clarity and confidence.
Virginia's divorce laws require specific procedures, mandatory waiting periods, and proper documentation. Making mistakes during filing can delay your divorce, increase costs, or create legal complications.
Can I File for Divorce in Virginia?
Before Virginia filing for divorce, you must meet the state's residency requirements. Either you or your spouse must have been a resident of Virginia for at least six months immediately before filing the divorce complaint. This residency rule ensures Virginia courts have proper jurisdiction over your marriage dissolution.
If you meet the residency requirement, you file in the Circuit Court for the city or county where either you or your spouse currently lives. You have some choice about where to file if both of you live in Virginia, but in different jurisdictions. Consider factors like court backlog, local procedures, and proximity when choosing where to file.
Proving Virginia Residency
The court requires proof that you meet the six-month residency requirement. You establish residency through affidavits stating how long you've lived in Virginia and in the specific jurisdiction where you're filing. A witness who has personal knowledge of your living situation will also need to provide an affidavit.
Acceptable evidence of Virginia residency includes your driver's license showing a Virginia address, vehicle registration in Virginia, voter registration card, lease agreements or mortgage documents, utility bills in your name at a Virginia address, or employment records showing you work in Virginia. Keep copies of these documents to support your residency claim if questioned.
What Are the Grounds for Divorce in Virginia?
Virginia recognizes both fault-based and no-fault grounds for divorce. Understanding which grounds apply to your situation determines what you must prove and how long you must wait before filing.
No-fault divorce based on living separate and apart is the most common ground. If you have no minor children and have signed a property settlement agreement, you can file after living separately for six months. If you have minor children from the marriage, you must be separated for one full year before filing.
Fault-Based Divorce Grounds
Virginia also allows fault-based divorce on several grounds, including adultery, conviction of a felony with confinement for more than one year, cruelty, reasonable apprehension of bodily harm, or willful desertion or abandonment. For fault grounds other than adultery or felony conviction, you must wait one year from the date of the fault before filing.
Fault-based divorces are more complex and typically require attorney representation. You bear the burden of proving the fault occurred, which often involves witness testimony, evidence gathering, and court hearings. Most Virginia divorces proceed on no-fault grounds because they're simpler and less expensive.
How Long Must I Be Separated?
Virginia's separation requirements are mandatory waiting periods you must satisfy before filing for divorce on no-fault grounds. The separation period varies based on whether you have children and whether you've reached a property settlement agreement.
For couples without minor children who have a signed property settlement agreement: You must live separate and apart for at least six months before filing for divorce. This shorter separation period recognizes that couples without children and with settled property issues can move forward more quickly.
One-Year Separation Requirements
For couples with minor children: You must be separated for one full year before filing for divorce, regardless of whether you have a property settlement agreement. This longer period gives families with children more time to work through custody, visitation, and support arrangements in the children's best interests.
The separation must be continuous. Living separately means maintaining separate residences with the intent to end the marriage. Generally, you cannot live in the same house and be considered separated under Virginia law. If you reconcile and resume living together as a married couple, even briefly, the separation period starts over.
Where Do I File for Divorce in Virginia?
Virginia filing for divorce happens in Circuit Court, not in general district or juvenile and domestic relations courts. Each city and county in Virginia has its own Circuit Court with its own clerk's office and local procedures.
File your divorce complaint in the Circuit Court for the jurisdiction where you last lived together as husband and wife, or where the defendant spouse currently lives. If neither of these applies, file where you currently live if you meet the residency requirement.
Choosing Between Jurisdictions
If both spouses live in Virginia but in different cities or counties, you have options. Consider which court has shorter processing times, which has more convenient hours and location, and which has clearer procedures for self-represented litigants.
Contact the Circuit Court Clerk's office in each potential jurisdiction to ask about their procedures, typical processing times, and whether they have divorce packets or forms available. Some courts are more accommodating to people representing themselves than others.
What Forms Do I Need to File?
The complaint for divorce is the foundational document that initiates your case. This legal pleading identifies both spouses, states the grounds for divorce, describes any children from the marriage, and requests specific relief from the court, such as property division, custody, or support.
Virginia doesn't have standardized statewide divorce forms, though some Circuit Courts provide local forms and packets. The Virginia Legal Aid Society offers a free interactive online module at valegalaid.org that generates customized divorce forms based on your answers to questions about your situation.
Additional Required Documents
Along with the complaint, you'll need various supporting documents depending on your circumstances. A property settlement agreement (if you have one) should be filed with your complaint or shortly after. This agreement becomes part of the court's final order.
You'll need affidavits from yourself and a witness verifying the separation period and other key facts about your marriage. A private addendum contains confidential information like social security numbers. If you're requesting a name change, include an order granting a name change. The VS-4 form reports your divorce to Virginia's Division of Vital Records.
How Much Does It Cost to File?
The filing fee for a divorce complaint in Virginia is $86 in most Circuit Courts. This fee is due when you file your complaint and must be paid before the court will accept your paperwork.
If you're requesting the sheriff to serve divorce papers on your spouse, add $12 per document for service fees. Most divorces require service of at least the summons and complaint, bringing typical initial costs to $98 total.
Fee Waivers for Low-Income Filers
If you cannot afford the filing fees, request a fee waiver by filing a petition to proceed in civil case without payment of fees or costs. This petition requires detailed financial information proving you lack sufficient income and assets to pay court costs.
The court reviews your financial situation and may grant a full waiver, partial waiver, or deny the request. Even if fees are waived initially, the court can order you to pay them later if your financial situation improves or if your case succeeds and you receive money or property in the settlement.
How Do I Serve My Spouse?
After filing your complaint, you must properly serve your spouse with a copy of the summons and complaint. Service ensures your spouse receives notice of the divorce proceedings and has an opportunity to respond.
The most common service method is having the sheriff serve the papers. The sheriff charges $12 and delivers the summons and complaint copy to your spouse's residence or workplace. After service, the sheriff files a return of service showing when, where, and how your spouse was served.
Acceptance of Service Option
An alternative to sheriff service is acceptance of service, where your spouse voluntarily agrees to accept the divorce papers from you. Your spouse signs a form under oath acknowledging receipt of the summons and complaint and waiving formal service by the sheriff.
Acceptance of service saves the $12 sheriff's fee but requires your spouse's cooperation. The clerk's office prepares the acceptance form. You give it to your spouse along with copies of the summons and complaint, and your spouse signs it before a notary. You then file the signed acceptance form with the court.
What Happens After Serving My Spouse?
After your spouse is served, they have 21 days to respond to the complaint. In an uncontested divorce where you agree on all terms, your spouse typically won't file a response. Their silence after 21 days means they're not contesting the divorce.
If your spouse disagrees with anything in the complaint or wants to raise their own issues, they file an answer or answer and counterclaim within the 21 days. An answer responds to the allegations in your complaint, while a counterclaim raises new requests for relief.
When Your Divorce Becomes Contested
If your spouse files a response contesting any issue, your uncontested divorce becomes contested. This significantly changes the process and timeline. Contested divorces involve discovery, possible depositions, hearings, and potentially a trial where the judge decides disputed issues.
Most people need attorney representation for contested divorces because the procedures are complex. If you can't afford an attorney, contact Virginia Legal Aid to see if you qualify for free legal assistance, or consider mediation to resolve disputes and convert your contested case back to uncontested.
Can I Represent Myself?
Yes, you can represent yourself when filing for divorce, which is called proceeding "pro se." Many people successfully handle simple, uncontested divorces without an attorney, especially using resources like the Virginia Legal Aid divorce module.
However, representing yourself means the court holds you to the same standards as an attorney. You must follow all procedures correctly, meet all deadlines, and comply with all legal requirements. Judges don't give special consideration or extra help because you're not a lawyer.
When You Should Hire an Attorney
While simple uncontested divorces can often be handled without an attorney, certain situations strongly suggest getting legal help. If your spouse contests the divorce or any terms, hire an attorney. Contested divorces involve complex procedures difficult to navigate alone.
If you have significant marital property, own a business, have complex retirement accounts, or substantial debts, an attorney protects your interests. Property division has long-lasting financial consequences, and professional guidance ensures fair treatment. Cases involving child custody disputes, abuse allegations, or requests for spousal support also benefit from attorney representation.
What Is a Property Settlement Agreement?
A property settlement agreement (also called a marital settlement agreement or separation agreement) is a written contract between spouses that resolves divorce-related issues outside of court. This agreement becomes part of your final divorce decree and is enforceable as a court order.
The agreement addresses property division by listing all marital assets and debts and explaining how they'll be divided. This includes real estate, vehicles, bank accounts, retirement accounts, personal property, and any debts accumulated during marriage.
What Should the Agreement Include?
For couples without minor children, having a signed property settlement agreement when you file allows you to use the shorter six-month separation period instead of waiting one year. The agreement must be in writing and signed by both spouses.
If you have children, your agreement should address custody arrangements, visitation schedules, decision-making authority, child support amounts, and how you'll handle future modifications. It should cover health insurance for children and how you'll share unreimbursed medical expenses.
While you can prepare a property settlement agreement yourself, having an attorney review it before signing protects both parties. The agreement represents a binding contract governing your rights for years to come. Mistakes or omissions create significant problems later that may require going back to court.
How Do I Finalize an Uncontested Divorce?
After your spouse is served and the 21-day response period passes without them filing anything, you can proceed to finalize your uncontested divorce. This involves submitting additional paperwork to the court for the judge's review and signature.
Prepare and file a final decree of divorce, which is the court order officially ending your marriage. The decree should incorporate your property settlement agreement by reference if you have one. Include plaintiff's and witness affidavits verifying your separation period and other key facts.
Final Documents and Court Review
File a private addendum containing social security numbers and other confidential information. If you're changing your name, include an order granting a name change. Complete the VS-4 form for reporting the divorce to Vital Records.
Submit all final documents to the clerk's office with a cover letter explaining that you're requesting final approval of your uncontested divorce. Many courts can review and approve uncontested divorces without a hearing if all paperwork is complete and correct. The judge reviews your documents and signs the final decree if everything is in order.
How Long Does the Process Take?
The timeline for Virginia filing for divorce and completing the process varies significantly based on several factors. The mandatory separation period is the longest part for most people, either six months or one year, depending on your situation.
After you satisfy the separation requirement and file your complaint, processing time depends on whether your divorce is contested or uncontested, how quickly you serve your spouse, and how backed up your local court is.
Typical Timeline for Uncontested Divorces
For uncontested divorces where all paperwork is correct and complete, the process from filing to final decree typically takes several weeks to a few months. Some courts move faster than others, depending on their caseload and staffing levels.
Factor in time for service (usually accomplished within a week or two), the 21-day waiting period for your spouse's response, time to prepare final documents, and time for the court to review and sign the final decree. The entire post-filing process often takes 6-12 weeks in an uncontested case.
Contested divorces take much longer, typically 12-18 months or more from filing to final resolution. The timeline depends on how complex the issues are, whether mediation is attempted, how much discovery is needed, and how far out trial dates are scheduled.
What If My Spouse and I Disagree?
If you and your spouse cannot reach an agreement on divorce terms, your uncontested divorce becomes contested. This changes the procedures you must follow and typically necessitates attorney representation.
In a contested divorce, your spouse files an answer to your complaint and possibly a counterclaim raising their own requests. The case may involve discovery, where both sides exchange financial information and other relevant documents through formal legal procedures.
Resolving Disputes
Before going to trial, consider mediation where a neutral third party helps you negotiate a settlement. Many Virginia courts require mediation before scheduling contested divorce trials. Mediation often resolves disputes more quickly and cheaply than the court.
If mediation fails, your case proceeds to trial, where both sides present evidence and arguments to a judge who makes final decisions about property division, support, and custody. Trials require extensive preparation and almost always necessitate attorney representation.
Even if your divorce starts as contested, you can settle at any point by reaching an agreement and filing a property settlement agreement. Many contested divorces eventually settle before trial as spouses realize the costs and stress of litigation.
What Happens to Our Children?
When Virginia files for divorce with minor children, you must address custody, visitation, and child support. Virginia courts always consider the children's best interests when making these decisions.
Custody can be sole (one parent has primary physical custody) or joint (both parents share physical custody). Legal custody refers to decision-making authority about education, healthcare, and religious upbringing. Physical custody refers to where children physically live.
Parenting Plans and Support
Virginia requires parenting plans that detail where children will live, when they'll spend time with each parent, how parents will make decisions, and how you'll handle holidays, vacations, and special occasions. The more detailed your parenting plan, the fewer disputes you'll have later.
Child support gets calculated using Virginia's guideline formula based on both parents' incomes, number of children, custody arrangements, health insurance costs, and childcare expenses. The court presumes the guideline amount is correct, though it can deviate based on specific circumstances.
Your divorce complaint should request appropriate custody, visitation, and support. If you have a property settlement agreement, it should address all these child-related issues in detail.
Moving Forward with Virginia Filing for Divorce
Start by ensuring you meet residency and separation requirements before filing. Gather all necessary financial documents and information about your marriage and any children. Use available resources like the Virginia Legal Aid divorce module to generate accurate forms customized to your situation.
Take your time completing forms carefully, serve your spouse properly, and follow all court procedures. With proper preparation, attention to detail, and understanding of the process, you can complete the Virginia filing for divorce and move forward with the next chapter of your life.