Divorce Resources in Virginia

To file for divorce in Virginia, you must file a Complaint for Divorce (Bill of Complaint) in the circuit court of the county or city where you or your spouse resides. Virginia requires at least six months of residency before filing, per VA Code § 20-97. The Complaint must state the legal grounds for divorce — either no-fault (living separate and apart) or fault-based (adultery, cruelty, desertion, or felony conviction) under VA Code § 20-91. For a no-fault divorce without minor children, you must live separate and apart for six months with a written separation agreement. With minor children, the separation period is one year. File an original and one copy of the typed Complaint along with the Addendum for Protected Identifying Information (Form CC-1426) containing each party's Social Security number and date of birth.

After filing the Complaint, the defendant must be served with process. The simplest method is having the defendant sign the Acceptance/Waiver of Service of Process (Form CC-1406) before a notary public under VA Code § 20-99.1:1(A). If the defendant will not voluntarily accept service, you may arrange service through the local sheriff's office for a $12 fee per VA Code § 17.1-272. For defendants outside Virginia, service may be accomplished by a process server or by order of publication under VA Code § 8.01-316. The filing fee is approximately $86 (base $60 plus local surcharges) under VA Code § 17.1-275(A)(26). No filing fee is charged for a responsive pleading or counterclaim in a divorce proceeding.

For an uncontested no-fault divorce, prepare a Property Settlement Agreement signed by both parties, a proposed Final Decree of Divorce, and the Plaintiff's Affidavit and Plaintiff's Witness Affidavit (sometimes called the Corroborating Witness Affidavit). Virginia requires testimony from a corroborating witness who can confirm the separation under VA Code § 20-99. If all children are adults or there are none, and you have a signed settlement agreement, you may request an ore tenus hearing or submit the case on affidavits. Submit the VS-4 Report of Divorce or Annulment form at the time of the Final Decree — this statistical form is required by the Virginia Department of Health. If you cannot afford fees, file Form CC-1421 to request a fee waiver under VA Code § 17.1-606.

Virginia courts require parents to attend a parent education seminar when a divorce involves disputes over child custody, visitation, or child support. Under VA Code § 16.1-278.15 and VA Code § 20-103, the court may order both parties to complete a four-hour educational program covering the impact of separation and divorce on children, conflict resolution, and co-parenting skills. Virginia law requires that parents attend this program before participating in mediation when possible. The maximum fee for participation is $50, and the fee is based on the party's ability to pay. Courts may waive the fee for indigent parents. Each locality maintains a list of approved parent education program providers. Failure to attend a court-ordered parenting class may result in contempt of court.

In Virginia cases involving custody and visitation disputes, judges must refer the parents to a dispute resolution orientation session with a certified mediator at no cost, per VA Code § 20-124.4. During this session, parents learn about the mediation process and evaluate whether it would be appropriate for their situation. The court will not order mediation orientation when there is a history of family abuse. If both parents agree to proceed, they may participate in full mediation through the court's program or a private mediator. Many Virginia circuit courts, including Fairfax County, require mediation in all contested divorce cases with custody or visitation issues unless domestic violence or an active protective order makes it inappropriate. Mediation communications are confidential under VA Code Title 8.01, Chapter 21.2, and a signed mediated agreement is enforceable as a contract. Virginia's Dispute Resolution Services program, administered through the Office of the Executive Secretary, provides information on court-connected mediation services at vacourts.gov.

Virginia courts require full financial disclosure in divorce cases involving equitable distribution of marital property under VA Code § 20-107.3. Both spouses must disclose all assets, debts, income, and expenses to ensure a fair division of property. This includes bank statements, investment accounts, retirement plans (401(k), IRA, pension), tax returns, pay stubs, real estate deeds, vehicle titles, and all debt statements. Hiding assets or providing incomplete financial information can result in sanctions, adverse inferences, or the court setting aside the divorce decree. Virginia follows equitable distribution — not equal — meaning the court considers 11 statutory factors including each spouse's contributions, duration of the marriage, and the circumstances leading to dissolution. Financial disclosure is also critical for calculating child support under the Virginia guidelines (VA Code § 20-108.2) and spousal support under VA Code § 20-107.1.