THE GENERAL INFORMATION LISTED BELOW IS NOT INTENDED TO BE LEGAL ADVICE, AND YOU SHOULD NOT RELY ON IT AS SUCH. FORMS ARE NOT AVAILABLE THROUGH THE SUPREME COURT OF VIRGINIA; AND THEREFORE, IT IS STRONGLY ENCOURAGED FOR YOU TO HIRE AN ATTORNEY FOR LEGAL ASSISTANCE.
To obtain a divorce in Virginia, you or your spouse must be a resident of Virginia for a minimum of six months prior to filing for a divorce, Virginia Code §20-97.
If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement when you file for a divorce, Virginia Code § 20-91.
If there are children from the marriage, you must be separated a minimum of one year before you file for a divorce, Virginia Code §20-91.
In Virginia, Separation Agreements are only filed AFTER a divorce case has been filed with the Court.
If you choose to represent yourself (pro se), you will be expected to follow the same procedures as an attorney.
Please remember the Clerk’s Office staff and the judicial law clerks are unable to give legal advice. They cannot assist you by answering legal questions or questions regarding any forms, etc. They are prohibited by state law from giving you legal advice or assistance. Please do not ask them.
For more information, or for answers to specific questions, please contact an attorney.
A filing fee of $84 must be paid at the time of filing. Please be advised that Service Fees of $12 will be assessed for each individual and/or document served, IF served by a Sheriff of the Commonwealth. In the alternative, a private process server may be used to effectuate service. *Please see our payment policy.