Virginia divorce at a glance
Confirm with your county before filing — fees and rules can vary.
Virginia divorce: the no-forms rule
Virginia is the outlier in the filing-form business: the circuit courts do not provide standardized divorce forms. The complaint — a bill of complaint in Virginia’s traditional phrasing — is something you draft yourself or through Virginia Legal Aid’s online document preparation tool, then file with a Domestic Case Coversheet. The state’s contribution is a clock, not paperwork.
That clock is the separation period under Va. Code § 20-91: six months when there are no minor children and a signed separation agreement exists, twelve months when children are involved or there is no agreement. Both versions require living separate and apart without cohabitation — and without interruption. Filing needs six months as a bona fide resident and domiciliary under § 20-97, with military members presumed domiciled after six months on assignment.
Property is divided through equitable distribution under § 20-107.3, spousal support follows § 20-107.1, and child support follows the Virginia Child Support Guidelines. Uncontested cases with all issues resolved can finalize without a hearing under § 20-106(F), using an affidavit and proposed final decree. The filing fee is $60 to $95 depending on the county.