2025 Divorce Filing Checklist for Virginia

Filing for divorce in Virginia requires meeting specific separation periods, navigating residency requirements, and understanding the Virginia Circuit Court system—all while dealing with the emotional stress of ending a marriage. Virginia's unique separation-based no-fault divorce system means you must wait either 6 months or 1 year before the court can grant your divorce, depending on whether you have minor children. To better prepare for each phase, review our detailed Virginia divorce timeline.

This comprehensive checklist walks you through every requirement for filing divorce in Virginia in 2025, from the 6-month residency rule to required forms like the VS-4 divorce report to current filing fees. By the end, you'll have a clear roadmap for initiating your divorce in the Virginia Circuit Court and understanding exactly when you're eligible to file.

Virginia Residency and Separation Requirements

Before filing for divorce in Virginia, you must meet both residency and separation requirements designed to establish the court's jurisdiction and demonstrate the marriage breakdown. At least one spouse must have been a bona fide resident and domiciliary of Virginia for 6 months immediately before filing, according to Va. Code § 20-97.

Separation Period Requirements: Virginia's no-fault divorce grounds require continuous separation without cohabitation:

• 1 year separation: Standard requirement for most divorces (if you have minor children or no written separation agreement)
• 6 months separation: Available only if (1) no minor children of the marriage exist AND (2) you have a written separation agreement resolving all issues, according to Va. Code § 20-91

Practical Tip: The separation period starts the day you or your spouse move out with the intent to live separately permanently. Brief overnight stays or attempts at reconciliation that include cohabitation restart the clock. Keep documentation like lease agreements, utility bills, or witness statements proving your separation start date—you'll need to prove this under oath.

Where to File: Circuit Court Venue Rules

All Virginia divorces are filed in a Virginia Circuit Court. You must file in the proper venue (county or independent city) based on specific rules outlined in Va. Code § 8.01-261(19).

Proper Venue Options (in order of preference):

1. The city or county where the parties last cohabited (lived together as married couple)
2. At the plaintiff's option, the city or county where the defendant resides (if defendant is a Virginia resident)
3. If service by publication is used, the city or county where the plaintiff resides

Required Forms and Documents

Unlike many states, Virginia does not provide standardized divorce complaint forms. However, specific forms and documents are required at filing and throughout the process.

Forms Required at Filing:

• Complaint for Divorce - Must state jurisdiction, residency, venue, grounds, and requested relief (no standard form; typically drafted by attorney or using legal aid templates)
• CC-1416 Cover Sheet for Filing Civil Actions - Required in many circuits to accompany your Complaint at filing
• VS-4 Report of Divorce - Statistical form required by the State Registrar; must be completed before the court will sign the final decree

Optional Forms (Depending on Your Situation):

• CC-1406 Acceptance/Waiver of Service - Allows defendant to waive formal service if cooperative
• CC-1426 Addendum for Protected Identifying Information - Confidential form for SSNs and account numbers (never put these in public pleadings)
• CC-1421 Petition for Proceeding in No-Fault Divorce Without Payment of Fees - Fee waiver request for low-income filers

Where to Obtain Forms: Download official circuit court forms from the Virginia Judicial System Court Self-Help website. Many circuits also provide local forms and instructions on their county court websites.

Filing Fees and Costs

Virginia filing fees vary by locality (city or county). Circuit courts charge different amounts based on local fee schedules, though most fall in a similar range.

Typical 2025 Filing Fees (Examples):

• Loudoun County: $86 filing fee, $12 sheriff service, $26 name change recording
• Radford City: $84 filing fee, $12 sheriff service, $22 name change recording
• Stafford County: $86 filing fee
• King William County: $82 filing fee

Fee Calculator: Use the Virginia Supreme Court Circuit Court Civil Filing Fee Calculator to determine exact fees for your locality.

Fee Waivers Available: If you have low income and limited assets, you can request a fee waiver by filing a Petition for Proceeding Without Payment of Fees (CC-1421 for no-fault divorces). The court will review your financial affidavit and determine eligibility.

Step-by-Step: Filing for Divorce in Virginia

Virginia divorces follow a specific procedural path. Understanding each step helps you avoid delays and comply with all requirements.

The Filing Process:

1. Draft Your Complaint: Prepare a Complaint for Divorce stating jurisdiction, residency, venue, separation period, grounds, and requested relief (property division, custody, support).
2. File with Circuit Court: File your Complaint, CC-1416 cover sheet, and pay filing fee at the Circuit Court clerk's office in the proper venue. You'll receive a case number.
3. Serve Your Spouse: Serve the Summons and filed Complaint on your spouse through the Sheriff ($12 typical fee) or private process server. Your spouse can alternatively execute a CC-1406 acceptance/waiver of service.
4. Spouse Has 21 Days to Respond: After service, the defendant has 21 days to file an Answer or responsive pleading, according to Rule 3:8 (effective August 17, 2025).
5. Discovery and Temporary Orders: Exchange financial information; request pendente lite (temporary) orders for support, custody, or exclusive use of the home under Va. Code § 20-103.
6. Prove Your Case: For uncontested no-fault divorces, you can prove your case by affidavit under Va. Code § 20-106 without a live hearing if all issues are resolved. Submit the VS-4 form before the judge will sign the final decree.

Important Note About Corroboration: Virginia generally requires corroboration—you cannot get divorced on your testimony alone. Plan to have a witness (friend, family member, coworker) provide an affidavit confirming your separation period and other facts, according to Va. Code § 20-99. For strategies to save money on divorce, consider whether you can agree on terms before filing.

Calculate Your Virginia Divorce Costs

Use our free calculator below to get a personalized estimate of your total divorce costs based on your situation. The calculator is pre-configured with Virginia's typical filing fees and legal costs.

Note: This estimate is for planning purposes. Actual costs vary based on county filing fees, whether you reach settlement or go to trial, and attorney fees in your locality.

Frequently Asked Questions

Q: How long do you have to be separated to file for divorce in Virginia?
A: For no-fault divorce, you must be separated for 1 year if you have minor children or no written separation agreement. If you have no minor children AND a written separation agreement, you only need 6 months of separation under Va. Code § 20-91(A)(9).

Q: Can I file for divorce in Virginia before the separation period is complete?
A: You can file the Complaint before the separation period ends if using fault grounds (adultery, cruelty, desertion, felony). For no-fault grounds, you must complete the statutory separation period before the court can grant the divorce, though some circuits allow filing shortly before completion.

Q: How much does it cost to file for divorce in Virginia?
A: Filing fees range from $82-$91 depending on the county or independent city. Additional costs include sheriff service ($12 typical), name change recording ($22-$26), and certified copies. Use the Virginia fee calculator to determine your locality's exact costs.

Q: What is the VS-4 form and why is it required?
A: The VS-4 Report of Divorce is a statistical form that collects data for Virginia's vital records. The Circuit Court clerk forwards it to the State Registrar. Most courts require it to be completed and filed before the judge will sign your final divorce decree. You can obtain the VS-4 from your local clerk or download it from court self-help resources.

Conclusion

Understanding Virginia's divorce filing requirements is your first step toward a smoother legal process. While the mandatory separation periods (6 months or 1 year) may feel frustrating, they provide time to negotiate settlements and prepare financially for life after divorce. Following this checklist ensures you meet all Virginia Circuit Court requirements and avoid costly delays caused by missing forms or improper venue.

Ready to estimate your total divorce costs beyond just filing fees? Use our free Virginia Divorce Cost Calculator above to get a personalized breakdown based on your situation. For comprehensive information about Virginia divorce laws covering property division, child support calculations, and spousal support, explore our related guides below.

Remember: The 6-month residency requirement and separation periods are strict prerequisites. Start documenting your separation date now, and consult with a Virginia family law attorney to ensure your rights are protected throughout the process.