Virginia Divorce Checklist

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Prepared: 5/20/2026

Data updated: 3/1/2026

Estimated Timeline

4-8 months for an uncontested divorce without minor children (6-month separation plus 1-2 months for court processing), 14-20 months for an uncontested divorce with minor children (12-month separation plus 2-8 months for court processing), and 18-36 months for a contested divorce in Virginia depending on the complexity of property division, custody disputes, and court scheduling

Documents to Gather

Certified Copy of Marriage Certificate
Complaint for Divorce (Bill of Complaint)
Form CC-1426 — Addendum for Protected Identifying Information
Form CC-1406 — Acceptance/Waiver of Service of Process(if applicable)
VS-4 Form (Report of Divorce or Annulment)
Property Settlement Agreement(if applicable)
Proposed Final Decree of Divorce
Sworn Affidavit of the Plaintiff
Parenting Plan (if minor children)(if applicable)
Form CC-1414 or CC-1421 — Fee Waiver Petition(if applicable)

Financial Documents

Last 3 years of federal and state tax returns (including all schedules)
Last 3 months of pay stubs from all employers
12 months of bank statements for all accounts (joint and individual)
12 months of credit card statements
Mortgage statement and property deed
Vehicle titles, registration, and loan statements
Retirement account statements (401(k), 403(b), IRA, pension)
Life insurance policy declarations
Business financial statements (if self-employed)(if applicable)
Monthly Income and Expense Statement
Social Security statements(if applicable)

Key Steps

1. Before Filing

Verify Virginia Residency Requirements
Satisfy the Mandatory Separation Period
Draft and Execute a Property Settlement Agreement
Gather Required Financial Records
Create a Safety Plan If Domestic Violence Is Present

2. Filing Process

Prepare the Complaint for Divorce
File the Complaint at the Circuit Court Clerk's Office
Serve Your Spouse with the Divorce Complaint

3. After Filing

Wait for Your Spouse's Response
Complete Financial Discovery (Contested Cases)
Complete the Parent Education Seminar (If Children Are Involved)
Attend Mediation or Settlement Conference (If Ordered or Agreed)
Prepare and Submit Final Decree Package
Attend the Final Hearing (If Required by Your County)
Update Legal Documents and Records After the Decree

Key Deadlines

Residency requirement must be met before filing6 months of Virginia residency before filing

Separation period must be completed (no minor children, with PSA)6 months of living separate and apart

Separation period must be completed (minor children present)12 months of living separate and apart

Respondent must file Answer or Answer and Cross-Bill21 days after service of process

Parent Education Seminar must be completedWithin 12 months before court appearance or 45 days after

Discovery responses due (contested cases)21 days after service of interrogatories or document requests

VS-4 Form must be submittedAt the time of entry of the Final Decree (not at filing)

Court review of final decree package (uncontested)3-4 weeks for law clerk review after submission

Quick Reference

To file for divorce in Virginia, you must first establish that at least one spouse has been a bona fide Virginia resident for six months under VA Code § 20-97 and complete the mandatory separation period — six months with a signed Property Settlement Agreement and no minor children, or twelve months if minor children exist, per VA Code § 20-91(A)(9)(a). File a Complaint for Divorce at the circuit court in your city or county with Form CC-1426 (Protected Identifying Information Addendum) and approximately $86 in filing fees (VA Code § 17.1-275). Serve your spouse through the sheriff or obtain a signed Form CC-1406 (Acceptance/Waiver of Service). Your spouse has 21 days to respond under VA Code § 8.01-296. If children are involved, both parents must complete a 4-hour Parent Education Seminar (maximum $50) under VA Code §§ 16.1-278.15 and 20-103. To finalize, submit a sworn affidavit, proposed Final Decree, and the VS-4 statistical form — no corroborating witness is needed for no-fault divorces since July 2021 under VA Code § 20-106. Fee waivers are available through Forms CC-1414 and CC-1421. Uncontested divorces typically take 4-8 months without children or 14-20 months with children, while contested cases may take 18-36 months.