How to File for Divorce in Virginia
How to file for divorce in Virginia: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: At least one spouse must have been an actual good-faith resident and domiciliary of Virginia for at least six months before the divorce or annulment is filed. Va. Code § 20-97
| Residency requirement | At least one spouse must have been an actual good-faith resident and domiciliary of Virginia for at least six months before the divorce or annulment is filed. A member of the armed forces who has been stationed or lived in Virginia for six months or more before filing is presumed to meet this requirement. Source: Va. Code § 20-97 |
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| Filing fee | By statute, the circuit court clerk's fee for filing a divorce or separate maintenance suit is $60 (which includes a certified copy of the final decree), charged to the plaintiff when the suit is filed, and the same fee applies to a counterclaim. Other statutory and local charges, and fees for serving papers, can be added, so the total varies by court. Check with the circuit court clerk for the full amount due in your locality. Source: Va. Code § 17.1-275(A)(26) |
| Uncontested or simplified divorce | Virginia has no separate summary divorce, but in a no-fault divorce based on separation a party may present evidence by affidavit or deposition, without a court hearing and without leave of court, when the spouses have resolved all issues in a written settlement agreement, when no issues other than the grounds remain, or when the other spouse was personally served and did not respond. With a separation agreement and no minor children, the required separation period is six months. Source: Va. Code §§ 20-106, 20-91(A)(9) |
| Waiting period | Virginia has no separate waiting period after filing. Instead, the grounds themselves require time: one year of separation (six months with a separation agreement and no minor children) for a no-fault divorce, and one year from the act of cruelty, desertion or abandonment for those fault grounds. A divorce from bed and board can be filed without a waiting period, but a final divorce is granted only under § 20-91. Source: Va. Code §§ 20-91, 20-95 |
| Divorce forms | Divorces in Virginia are heard in the circuit court, and Virginia has no-fault and at-fault divorce. The Virginia Judicial System's Court Self-Help site does not list a court divorce form packet; for a no-fault divorce it directs people to VALegalAid.org's Divorce page for online forms and guidance, and to a VA Law Help 2 Go video on uncontested divorce. The Judiciary's Circuit Court forms page offers civil forms that can be completed online, and practices vary by locality, so check with the circuit court clerk. Circuit Court forms: https://www.vacourts.gov/forms/circuit/home |
Where to get help in Virginia
More Virginia divorce & family law
- Getting a Marriage License in Virginia
- Adopting a Child in Virginia
- Guardianship of a Child or Adult in Virginia
- Establishing Paternity in Virginia
- Changing Your Name in Virginia
- Child Custody Laws in Virginia
- How Child Support Is Calculated in Virginia
- Divorce Records in Virginia
- Alimony and Spousal Support in Virginia
- Legal Separation and Annulment in Virginia
- All Virginia divorce & family law rules
FAQ
How long do you have to live in Virginia to file for divorce?
At least one spouse must have been an actual good-faith resident and domiciliary of Virginia for at least six months before the divorce or annulment is filed. A member of the armed forces who has been stationed or lived in Virginia for six months or more before filing is presumed to meet this requirement.
How much does it cost to file for divorce in Virginia?
By statute, the circuit court clerk's fee for filing a divorce or separate maintenance suit is $60 (which includes a certified copy of the final decree), charged to the plaintiff when the suit is filed, and the same fee applies to a counterclaim. Other statutory and local charges, and fees for serving papers, can be added, so the total varies by court.
How do you get an uncontested divorce in Virginia?
Virginia has no separate summary divorce, but in a no-fault divorce based on separation a party may present evidence by affidavit or deposition, without a court hearing and without leave of court, when the spouses have resolved all issues in a written settlement agreement, when no issues other than the grounds remain, or when the other spouse was personally served and did not respond. With a separation agreement and no minor children, the required separation period is six months.
Is there a waiting period for divorce in Virginia?
Virginia has no separate waiting period after filing. Instead, the grounds themselves require time: one year of separation (six months with a separation agreement and no minor children) for a no-fault divorce, and one year from the act of cruelty, desertion or abandonment for those fault grounds. A divorce from bed and board can be filed without a waiting period, but a final divorce is granted only under § 20-91.
Where can I get divorce papers and forms in Virginia?
Divorces in Virginia are heard in the circuit court, and Virginia has no-fault and at-fault divorce. The Virginia Judicial System's Court Self-Help site does not list a court divorce form packet; for a no-fault divorce it directs people to VALegalAid.org's Divorce page for online forms and guidance, and to a VA Law Help 2 Go video on uncontested divorce. The Judiciary's Circuit Court forms page offers civil forms that can be completed online, and practices vary by locality, so check with the circuit court clerk.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.