Divorce in Virginia

How to file for divorce in Virginia

1. Check residency. 6 months in Virginia before filing.
2. Check any separation requirement. 6 months of continuous separation if there are no minor children and a signed settlement agreement; otherwise a full year of continuous separation is required for the no-fault ground.
3. Prepare and file the Bill of Complaint for Divorce with the Circuit Court in your county. The filing fee is typically $86 to $95, and you can ask for a fee waiver if you cannot afford it.
4. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
5. Exchange financial disclosures. There is no single statewide mandatory disclosure form; local circuit rules and the VS-4 vital statistics report are typically required, with fuller financial exchange in contested cases.
6. Settle the issues in a written agreement, and a parenting plan if you have children.
7. Wait out the waiting period. No separate post-filing wait beyond the required separation period; fault grounds have no wait at all. Then ask the court for your final judgment.

Residency and grounds

Residency: 6 months in Virginia before filing.

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: 6 months of continuous separation if there are no minor children and a signed settlement agreement; otherwise a full year of continuous separation is required for the no-fault ground.

How property is divided

Virginia uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Virginia uses the terms custody (legal custody and physical custody). Every decision is made in the child's best interests.

Parenting class: Required statewide when custody, visitation, or support is contested, under Va. Code 16.1-278.15 and 20-103; not required for fully uncontested agreements.

Child support: Virginia uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

A spouse who committed adultery is generally barred from receiving spousal support, and 2025 changes let a spouse seeking a fault-based 'divorce from bed and board' file immediately upon separating with the intent not to reconcile.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Virginia does not have a separate simplified procedure, but an uncontested divorce with a signed agreement is fast and inexpensive.

Legal separation: available in Virginia, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: no separate post-filing wait beyond the required separation period; fault grounds have no wait at all. A typical timeline is 3 to 6 months uncontested once the separation period is met; 1 to 3+ years if contested. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Virginia

• The required separation period is 6 months (no minor children, with a signed agreement) or a full year otherwise.
• A spouse who committed adultery is generally barred from receiving spousal support.
• Virginia calls its fault-based legal-separation option 'divorce from bed and board.'

Official resources

Official forms and instructions come from Virginia's courts. Sources we reviewed:

• selfhelp.vacourts.gov
• vacourts.gov
• law.lis.virginia.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.