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Divorce in Virginia: forms, cost, and how to file

A plain-English overview of getting an uncontested divorce in Virginia — the residency rule, the no-fault ground, the filing fee, and the official forms — from LawCat, a free service built by attorneys.

Official Virginia court forms →

Virginia divorce at a glance

Residency requirement
One spouse must have been a resident and domiciliary of Virginia for 6 months before filing.
No-fault ground
Living separate and apart for 1 year — reduced to 6 months if you have a signed separation agreement and no minor children. (Va. Code § 20-91)
Where you file
The Circuit Court, in the county or city where you or your spouse lives
Filing fee
About $86–$105 for the circuit court filing, plus service costs. File Form CC-1414 (Petition for Proceeding in a Civil Case Without Payment of Fees).
Timeline
The main wait is the separation period itself (6 months or 1 year); after that, an uncontested divorce can often proceed by affidavit without a hearing.
Child support
Income-shares model. (Va. Code § 20-108.2)
E-filing (self-represented)
Virginia’s e-filing system is attorney-only; self-represented filers file on paper with the circuit court clerk.
County differences
High. Virginia has no official statewide divorce forms — divorces are drafted and filed in Circuit Court, and each court has its own pro-se packet and decree preferences.

Official source: Virginia court forms & self-help. Always confirm current forms and fees with the court before filing.

How to file for divorce in Virginia: step by step

Virginia has no official divorce forms; after your required separation period, an uncontested divorce can often finish by affidavit. Here is the path to a Final Decree of Divorce.

  1. Confirm you can file in Virginia
    One spouse must have been a Virginia resident for 6 months. You must be separated for 1 year — or 6 months if you have a signed separation agreement and no minor children.Source: Va. Code § 20-91(A)(9)
  2. Prepare your complaint (no official forms)
    Virginia has no official statewide divorce forms — the Complaint for Divorce and Final Decree are drafted documents. Prepare your Complaint for Divorce.Source: Va. Code § 20-91
  3. File with the Circuit Court
    File with the Circuit Court clerk (about $86–$105), plus Form CC-1414 if you can’t afford the fee.Source: Form CC-1414 (fee waiver)
  4. Serve your spouse
    Serve your spouse, or have them sign a waiver/acceptance of service.Source: Va. Code § 8.01-288
  5. Complete a child-support worksheet (if children)
    If you have children, complete a Virginia child-support worksheet (DC-637/638/640) under the income-shares guidelines.Source: Va. Code § 20-108.2
  6. Submit an affidavit or attend a hearing
    Many uncontested Virginia divorces finish by affidavit without a hearing; otherwise a brief hearing is held. The judge signs the Final Decree of Divorce.Source: Final Decree of Divorce

What does filing “pro se” (without a lawyer) mean in Virginia?

Pro se — also called self-represented — means you handle your own divorce without hiring an attorney. In Virginia you have the right to file your own divorce, and the court publishes the official forms for you to use. The large majority of uncontested divorces, where both spouses agree the marriage is over and can agree on the terms, are handled pro se every day.

Filing pro se is usually a good fit when: you both agree on the divorce, you can agree on splitting property and debts, and any parenting time and support are worked out. It’s worth talking to a lawyer when: you disagree about custody or money, one spouse hides assets or won’t cooperate, there’s a business or significant property to divide, or there has been any abuse.

LawCat prepares your Virginia pro-se divorce documents for free and walks you through every filing step — so doing it yourself never means doing it alone.

How child support is calculated in Virginia

Income-shares model. (Va. Code § 20-108.2)

Because Virginia uses an income-shares approach, the exact number comes from an official table based on both parents’ combined income. Use your court’s official child-support calculator for a precise figure.

How long does a Virginia divorce take?

The main wait is the separation period itself (6 months or 1 year); after that, an uncontested divorce can often proceed by affidavit without a hearing. After that, the timeline depends on the court’s calendar and how quickly each step is completed. An uncontested, pro-se divorce is typically the fastest path — most of the wait is the statutory period, not paperwork.

Common reasons Virginia divorce filings get rejected

LawCat’s guided questions and filing checklist are built to prevent exactly these — the errors that send self-represented filers back to the clerk’s window.

Coming soon

Virginia document generation is on the way

LawCat already prepares complete divorce packets free in New York, Massachusetts, and New Jersey, and is expanding to Virginia. In the meantime, the official Virginia court forms are linked below.

Official Virginia forms → See how it works

Why LawCat is free

Most “online divorce” sites charge $137–$499 for the same public court forms, and some add monthly fees. LawCat gives document preparation away because it is built by a law firm that helps people who later decide they want an attorney. You keep the free documents either way.

Compare divorce filing fees in every state →

Virginia divorce FAQ

Do I need a lawyer to get divorced in Virginia?

No. Virginia allows you to file for divorce yourself (pro se). LawCat prepares your Virginia divorce documents free, and you pay only the court’s filing fee. You can hire an attorney at any point if your case becomes complicated.

How long do I have to live in Virginia to file for divorce?

6 months residency + domicile by either spouse.

How much does it cost to file for divorce in Virginia?

~$86-$105 circuit court filing fee plus service costs (varies slightly by locality). Fee waiver: CC-1414 Petition for Proceeding in Civil Case Without Payment of Fees (granted below 125% FPL). With LawCat your documents are free, so the filing fee is typically your only unavoidable cost — and it can often be waived if you can’t afford it.

This page is general information about Virginia’s court process, not legal advice for your situation, and LawCat is not a law firm. Forms and fees change — verify with the official court source above. Reviewed 2026.