Filing for divorce in Virginia without an attorney costs $86-$150 in court fees. You must meet the residency requirement of 6 months in Virginia. Virginia is a equitable distribution state with a 6 months (no children) / 1 year (with children) waiting period. An uncontested divorce typically takes 30-45 days (after separation period). Victoria AI guides you through every step with Virginia-specific instructions.
Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team
| Filing Fee | $86-$150 (Filing fees vary: $86 for circuit court filing fee plus additional court costs. Total usually runs $150-$200 depending on the county.) |
| Residency Requirement | 6 months in Virginia |
| Waiting Period | 6 months (no children) / 1 year (with children) |
| Property Division | Equitable Distribution (fair, not equal) |
| Grounds for Divorce | Living separate and apart (no-fault), Adultery, Felony conviction with imprisonment, Cruelty/desertion/abandonment |
| No-Fault Only? | No (fault grounds available) |
| Uncontested Timeline | 30-45 days (after separation period) |
| Contested Timeline | 6 months to 2+ years |
| Fee Waiver Available? | Yes |
To file for divorce in Virginia, you must meet the following residency requirement: 6 months in Virginia.
At least one spouse must have been a bona fide resident and domiciliary of Virginia for at least 6 months before filing. Military members stationed in Virginia also qualify.
Tip: Victoria AI can help you determine if you meet Virginia's residency requirements and guide you through the documentation needed to prove residency.
Follow these steps to file for divorce in Virginia without an attorney. Victoria AI guides you through each step with state-specific instructions.
At least one spouse must have been a bona fide resident and domiciliary of Virginia for at least 6 months before filing. Military members stationed in Virginia also qualify.
Download the official Virginia divorce forms: Complaint for Divorce, VS-4 Divorce Form, Separation Agreement. All forms are available from the Virginia courts website.
Fill out the divorce petition (DC-410) with your information, grounds for divorce, and what you're requesting (property division, custody, support).
File your completed petition with the Virginia court and pay the filing fee of $86-$150. Fee waivers are available if you qualify financially.
Properly serve your spouse with the divorce papers according to Virginia rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.
Exchange mandatory financial disclosure documents as required by Virginia law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.
Virginia requires you to live separate and apart for 6 months (with a signed separation agreement and no minor children) or 1 year (with children or no agreement) before filing for no-fault divorce.
Submit your final judgment to the court. For uncontested divorces in Virginia, this typically takes 30-45 days (after separation period). The court will issue your final divorce decree.
These are the primary forms you'll need to file for divorce in Virginia. Victoria AI guides you through completing each form correctly.
Initiates the case
Vital statistics report
If you agree on terms
Final order
The filing fee to start a divorce in Virginia is $86-$150. Filing fees vary: $86 for circuit court filing fee plus additional court costs. Total usually runs $150-$200 depending on the county.
| Cost Type | Amount |
|---|---|
| Court Filing Fee | $86-$150 |
| Service of Process | $50-$100 (varies by method) |
| Certified Copies | $5-$25 per copy |
| Total DIY Uncontested | $300-$1,500 (uncontested DIY) |
If you cannot afford the filing fee, Virginia offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.
Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.
After filing your divorce petition in Virginia, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.
A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.
Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.
Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.
If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.
You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. Virginia courts are strict about service requirements.
Virginia is a equitable distribution state.
Virginia is an equitable distribution state. Only marital property is divided. The court considers monetary and non-monetary contributions, duration, circumstances, and debts when dividing property.
Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how Virginia law applies to your specific property.
Virginia uses the Income shares model.
Virginia uses the income shares model. Child support is calculated from both parents' gross incomes using Virginia's child support guidelines, considering custody arrangement and other expenses.
Understanding the timeline helps you plan and set realistic expectations for your Virginia divorce.
When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.
When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.
File Petition
Day 1 - Submit your divorce paperwork and pay the $86-$150 filing fee
Serve Your Spouse
Within 30 days - Ensure proper legal service of divorce papers
Response Period
20-30 days - Your spouse has time to file a response
Waiting Period
6 months (no children) / 1 year (with children) - Virginia requires you to live separate and apart for 6 months (with a signed separation agreement and no minor children) or 1 year (with children or no agreement) before filing for no-fault divorce.
Final Judgment
Court issues your final divorce decree
Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.
1-year separation with children, 6 months without
Separation agreement can reduce wait to 6 months
Adultery can bar spousal support
Circuit Court handles all divorces
Corroboration required for grounds
Ore tenus hearing often waived if agreed
Common questions about filing for divorce in Virginia without an attorney.
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Virginia-specific forms
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Child support calculator
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Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.
All Virginia divorce information verified from official state court sources.
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