Reviewed July 2026
Filing for Divorce in Virginia
A plain-language look at how divorce works under Virginia law: who can file, how long it takes, what it costs, and where Virginia's own court forms and self-help resources are.
Virdix's document-preparation product currently prepares divorce paperwork for California cases only. This page explains how the process works under Virginia law, using Virginia's own court forms and self-help resources, for people researching before they file. It is not legal advice, and Virdix does not prepare or file Virginia divorce paperwork. See how Virdix works for California divorces.
Virginia's most-searched divorce fact is the split separation period: couples without minor children who have a signed separation agreement can seek a no-fault divorce after six months apart, but couples with minor children, regardless of an agreement, must wait a full year. Virginia also has no official numbered form for the divorce complaint itself (unlike, say, California's Judicial Council forms); the case is built from a self-drafted or attorney-drafted pleading, and most uncontested cases are resolved entirely on paper through the affidavit procedure under Va. Code § 20-106 rather than a live hearing, provided the parties have a full settlement agreement and no unresolved issues.
Grounds for divorce in Virginia
No-fault grounds
- Living separate and apart without cohabitation for the applicable separation period
Fault-based grounds
- Adultery or sodomy/buggery committed outside the marriage (occurring before the last separation)
- Conviction of a felony with more than one year of confinement (where cohabitation has not resumed after the offending spouse learns of the confinement)
- Cruelty or willful desertion/abandonment causing reasonable apprehension of bodily harm, available one year after the act
Source: law.lis.virginia.gov
Who can file: residency rules
At least one spouse must have been an actual bona fide resident and domiciliary of Virginia for at least six months immediately preceding the filing of the suit (the other spouse need not be a Virginia resident). This is jurisdictional, the court must dismiss the case if neither spouse meets the six-month threshold at filing. Members of the U.S. Armed Forces stationed in Virginia for six months or more immediately before filing are presumed to satisfy this requirement even if not otherwise domiciled in the state.
Va. Code § 20-97
Source: law.lis.virginia.gov
How long it takes
Virginia's no-fault ground requires a period of living separate and apart without cohabitation, and the length depends on whether the couple has minor children: six months if there are NO minor children of the marriage and the parties have signed a written separation agreement; twelve months in all other cases, including whenever there are minor children, regardless of whether an agreement exists. Resuming the marital relationship during the separation period restarts the clock.
Va. Code § 20-91(A)(9)
Source: law.lis.virginia.gov
That figure is the statutory floor, not a promise. Service, exchanging financial disclosures, and the court's own hearing calendar routinely add time on top of it, and a contested case takes longer than an uncontested one regardless of the minimum. California, by comparison, requires a mandatory six month waiting period from the date of service.
Cost and filing fees
The circuit court clerk's statutory fee for filing a divorce, annulment, or separate-maintenance suit is $60 (of which $10 is apportioned to the Courts Technology Fund); this fee includes furnishing one certified copy of the final decree. This is a state-set fee under the Code of Virginia, not a locally-set county fee, but additional minor costs (e.g., service of process, copies) can add to the total a filer actually pays, confirm the full out-of-pocket total with the specific circuit court clerk before filing.
Source: law.lis.virginia.gov
California's own statewide filing fee is generally $435 to $450 statewide, with a fee waiver available for those who qualify.
Divorce forms and papers
The petition
Virginia has no official numbered court form for the divorce pleading itself. A divorce case is initiated with a self-drafted or attorney-drafted "Complaint for Divorce" filed in circuit court. Virginia's own self-help site states explicitly: "There are no official court forms dealing with the process of spousal separation or divorce."
Source: selfhelp.vacourts.gov
Fee waiver
Form CC-1414, "Petition for Proceeding in Civil Case Without Payment of Fees or Costs" (authorized under Va. Code §§ 16.1-69.48:4 and 17.1-606). This is Virginia's general circuit-court fee-waiver petition; it is used for divorce filings because Virginia has no divorce-specific numbered fee-waiver form.
Source: vacourts.gov
Virginia does not publish one official fillable form set the way California does.
California uses standardized Judicial Council forms, starting with the Petition (Form FL-100), across every county. See California's own divorce forms.
Filing online
County-by-county patchwork, not a single statewide mandatory system for pro se filers. Licensed attorneys are required to e-file in circuit courts designated as mandatory under Virginia's e-filing rules, but self-represented litigants generally retain the option to file on paper in most circuits. A separate portal, eFileVA, is open to self-represented litigants but as of this review was live in only a small number of circuits (e.g., Rockingham County; Williamsburg & James City County), with a gradual county-by-county rollout underway.
Source: efileva.com
Uncontested and simplified divorce
Virginia offers a distinct simplified or summary track.
Yes, in the form of an uncontested "divorce by affidavit" that avoids a live court hearing. Under Va. Code § 20-106, a party may submit deposition or affidavit testimony without leave of court when: the divorce is sought on the no-fault separation ground of Va. Code § 20-91(A)(9); the parties have resolved all issues (property, support, custody) through a written settlement agreement with no other issues left to adjudicate; and the respondent has been personally served and either waives service/notice or fails to file a responsive pleading or appearance. This is Virginia's most common do-it-yourself divorce path but is not a distinct "summary dissolution" statute the way some states have.
Source: law.lis.virginia.gov
California's equivalent is uncontested divorce in California, which uses the same statewide forms as any other case but moves faster once both spouses agree on every term.
Filing without a lawyer
Virginia allows self-represented filers, and most divorces filed in the state proceed this way. Because Virdix prepares paperwork for California cases only, a Virginia filer handling their own case works directly from Virginia's own forms and self-help materials rather than a Virdix-prepared packet. Virginia's official self-help resources are the direct source for the current forms and instructions.
For how self-representation works in the state Virdix does serve, see divorce without a lawyer in California and DIY divorce vs. hiring a lawyer.
More about divorce in Virginia
How property is divided
Equitable distribution (not community property). Under Va. Code § 20-107.3, courts may grant a monetary award dividing marital property based on ten enumerated factors (e.g., duration of the marriage, monetary and non-monetary contributions to the family, circumstances contributing to the dissolution) rather than an automatic 50/50 or formulaic split. Child support and spousal support are determined separately from this property division.
Source: law.lis.virginia.gov
Court structure
Divorce suits in Virginia are filed and heard in the circuit courts (the state's courts of general jurisdiction), not in a separate family court. Virginia's circuit court forms and self-help materials consistently identify the circuit court as the forum for divorce filings; related post-decree matters like child support and custody modifications may instead go through the juvenile and domestic relations district courts.
Source: vacourts.gov
California is the only state on this site with a full county-by-county breakdown. See how California's divorce process compares across its 58 counties.
This page is general information about Virginia divorce procedure, not legal advice for your situation. Laws, fees, and forms change over time; confirm current details with Virginia's own courts before relying on anything here. Virdix is not a law firm, is not licensed to practice law in Virginia, and does not prepare or file Virginia divorce paperwork. It is not a substitute for an attorney licensed in Virginia.