How to File for Divorce in Virginia (2025 Guide)

How to File for Divorce in Virginia (2025 Guide)

Divorcing in Virginia? This simplified step-by-step guide walks you through everything you need to know to start and complete the process.

✅ 1. Residency Requirement

To file for divorce in Virginia, at least one spouse must have lived in the state for 6 months or more before filing.

✅ 2. Grounds for Divorce

Virginia allows both:

• No-Fault Divorce:

• Living separate and apart for 6 months (if no children and you have a signed separation agreement), or

• 12 months if children are involved or no agreement.

Fault-Based Grounds (optional):

• Adultery

• Cruelty

• Desertion

• Felony conviction

✅ 3. File the Complaint for Divorce

File in the Circuit Court in the county where you or your spouse resides.

Required documents may include:

• Complaint for Divorce

• VS-4 Form (Vital Statistics)

• Acceptance/Waiver of Service (if uncontested)

• Filing fee: Around $150–$200 (varies by county)

✅ 4. Serve Your Spouse

Serve your spouse through:

• Sheriff

• Private process server

Waiver of service (if agreed)

They have 21 days to respond once served.

✅ 5. Waiting Period

No official additional waiting period if all requirements (separation period and service) are met.

✅ 6. Settlement or Court Proceedings

If uncontested: File a Separation Agreement covering custody, assets, and support.

If contested: Attend court hearings or trial to resolve disputes.

✅ 7. Final Hearing and Divorce Decree

Attend a short hearing (even if uncontested) or request to submit written affidavits.

Once the judge approves everything, they will issue a Final Decree of Divorce.

✅ 8. After Divorce

Change your name (optional)

Follow child support/custody orders

Transfer property or accounts as ordered

File a Final Decree with the clerk

Note: Fault grounds may influence court decisions about spousal support, property division, or custody.