Reviewed August 2026
Cost and Filing Fees in Virginia
Filing a bill of complaint for divorce in Virginia circuit court costs $60. Virginia Code § 17.1-275(A)(26) sets this fee and sends $10 of it to the Courts Technology Fund. It's a single statewide fee, so the cost is the same whether you file in Fairfax County, Virginia Beach, or any other Virginia circuit court. If you can't afford the fee, ask the court for permission to skip paying it. Virginia Code § 17.1-606, the state's in forma pauperis statute, covers this. Past the filing fee, your total cost depends on serving your spouse, the state's mandatory waiting period, and how contested the case gets.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how cost and filing fees works under Virginia law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Virginia paperwork. See how Virdix works for California divorces.
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Circuit court clerk's fee
Virginia Code § 17.1-275(A)(26) sets the clerk's fee for the plaintiff in divorce and separate maintenance cases at $60, with $10 of that going to the Courts Technology Fund. State statute sets this amount, so it stays the same in every Virginia circuit court, no matter which county or city you file in. This fee only opens the case. It doesn't cover later costs like service, discovery, or a final decree.
Proceeding in forma pauperis
Virginia Code § 17.1-606 lets a person who cannot afford court fees or costs sue or defend a case without paying them. This is called proceeding in forma pauperis. You automatically qualify if you receive state or federal public assistance or are represented by a legal aid society. Others qualify through a financial assessment: the court looks at net income, liquid assets, and unusual expenses, and presumes you unable to pay if your available funds fall at or below 125 percent of the federal poverty guideline. Once granted, you receive the legal process and services you need without the usual fees, though the court can still order the other party to cover costs if it decides that's appropriate.
Serving the other spouse
After filing, Virginia requires that the divorce complaint be served on the other spouse, usually through the sheriff's office or a private process server. Both charge a fee separate from the $60 filing fee. If the other spouse voluntarily accepts service or signs a waiver, you can often skip that separate charge. When a spouse's whereabouts are unknown, service by publication, known as an order of publication, is available, but it requires a court order and newspaper publication costs on top of the filing fee.
Virginia's waiting period and its effect on cost
Virginia generally requires spouses to live separate and apart for a period before finalizing a no-fault divorce: six months if there are no minor children and both spouses have signed a separation agreement, or one year otherwise. Many filers use this waiting period to negotiate and finalize a separation agreement covering property, support, and custody, either before filing or before the final decree. Doing so can cut down on costly litigation once the case is filed.
What makes a Virginia divorce cost more
The $60 filing fee plus a basic service fee cover an uncontested case, where both spouses have signed a separation agreement and agree on the terms. A contested case, or a fault-based divorce, costs more. It can require additional motions, discovery such as requests for financial records or depositions, mediation, appraisals of real property, retirement accounts, or a business, and multiple hearings before a circuit court judge. Disputes over equitable distribution of property, spousal support, or custody are the most common reasons a Virginia divorce case ends up costing more than the base filing and service fees.
Sources: Virginia Code § 17.1-275, Fees of clerks in civil cases, Virginia Code § 17.1-606, Persons unable to pay fees or costs
Not independently confirmed
- Sheriff/process server service fee amounts by locality
- Whether e-filing through Virginia's OCRA/circuit court e-filing system carries a separate technology surcharge beyond the $10 already included in the $60 fee
- Any additional VSCC or courthouse construction fee charged per case beyond the base $60
Cost and Filing Fees in Virginia: frequently asked questions
How much does it cost to file for divorce in Virginia?+
Virginia Code § 17.1-275(A)(26) sets the circuit court clerk's fee for a divorce or separate maintenance case at $60, with $10 of that going to the Courts Technology Fund. It's a single statewide fee, so it applies the same way in every Virginia circuit court.
What if I can't afford the Virginia filing fee?+
You can ask to proceed in forma pauperis under Virginia Code § 17.1-606, which lets you sue or defend a case without paying fees or costs if you cannot afford them. You automatically qualify if you receive public assistance or are represented by a legal aid society. Others qualify through a financial assessment based on income, assets, and expenses.
Does Virginia charge extra to serve my spouse with divorce papers?+
Yes. Serving the complaint through the sheriff's office or a private process server carries a fee separate from the $60 filing fee, and the amount depends on the method and locality. If your spouse voluntarily accepts service or signs a waiver, you can avoid that cost. If their whereabouts are unknown, an order of publication requires a court order and separate newspaper costs.
Does Virginia's waiting period affect the cost of divorce?+
Virginia generally requires spouses to live separate and apart for six months (with a signed separation agreement and no minor children) or one year otherwise before finalizing a no-fault divorce. Many spouses use this time to negotiate a separation agreement covering property, support, and custody. Doing so can reduce the need for costly litigation once the case is filed.
Where does the Virginia filing fee money go?+
Virginia Code § 17.1-275(A)(26) sends $10 of the $60 divorce filing fee to the state's Courts Technology Fund. The statute also directs that fees collected under this and related subsections help fund courthouse maintenance, legal aid for the poor, and public law libraries.
What makes a Virginia divorce cost more than the filing fee?+
Contested or fault-based cases cost more. Disputes over equitable distribution of property, spousal support, or custody can require additional motions, discovery, mediation, appraisals of real estate or business interests, and multiple hearings before a circuit court judge. An uncontested case with a signed separation agreement generally keeps costs close to the base filing and service fees.
This page is general information about cost and filing fees in Virginia, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Virginia's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Virginia. Virdix does not prepare or file Virginia divorce paperwork. It is not a substitute for an attorney licensed in Virginia.
More Virginia divorce guides
Virdix currently serves California and Florida
In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in Virginia, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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