Family Law Resources

Filing for Divorce in Virginia

Residency Requirements

At least one spouse must have been a domiciled resident of Virginia for 6 months before filing.

Grounds for Divorce

• No-fault (separation): Living separate and apart for 1 year (or 6 months with no minor children and a separation agreement)


• Fault: Adultery, cruelty, desertion for 1 year, felony conviction with imprisonment

Step-by-Step Process

1. Complete Complaint for Divorce


2. File with Circuit Court in your city/county


3. Pay filing fee: Approximately $85-$100


4. Serve your spouse: Personal service or acceptance of service


5. Spouse files Answer: Within 21 days


6. Discovery and negotiation


7. Final hearing or deposition


8. Final Decree of Divorce

Virginia Family Courts

Virginia has two courts that handle family matters:

• Circuit Court: Handles divorce, property division, spousal support


• Juvenile & Domestic Relations (J&DR) Court: Handles custody, visitation, child support, protective orders

Major Court Locations

• Fairfax County: 4110 Chain Bridge Rd


• Virginia Beach: 2425 Nimmo Pkwy


• Arlington County: 1425 N Courthouse Rd


• City of Richmond: 400 N 9th St


• Norfolk: 150 St Pauls Blvd

Virginia Courts Self-Help

Visit vacourts.gov for forms and self-help resources.

Filing Fees in Virginia

Circuit Court Fees (2025)

• Complaint for Divorce: $85-$100


• Answer: $25


• Motion: $25-$50

J&DR Court Fees

• Custody/Visitation Petition: $25


• Child Support Petition: $25


• Protective Order: FREE

Fee Waiver

If you cannot afford fees, file an Application for Waiver of Fees and Costs. You may qualify if:

• You receive public assistance


• Your income is below 125% of poverty level

Free Legal Resources in Virginia

Legal Aid Organizations

• Virginia Legal Aid Society: (866) 534-5243


• Central Virginia Legal Aid: (434) 296-8851


• Legal Aid Justice Center: (434) 977-0553


• Blue Ridge Legal Services: (540) 433-1830


• Legal Services of Northern Virginia: (703) 778-6800

Virginia Courts Self-Help

Visit selfhelp.vacourts.gov for forms and guides.

Virginia Free Legal Answers

Visit virginia.freelegalanswers.org for free online legal advice.

Critical Deadlines in Virginia

Response Time

If served in Virginia, you have 21 days to file an Answer.

Separation Period

• With children: 1 year of separation required


• Without children + agreement: 6 months

Service Deadline

Complaint should be served within 12 months or may be dismissed.

Appeals

You have 30 days from entry of final order to file a Notice of Appeal.

Modification

Custody can be modified when there is a material change in circumstances.

Virginia's Unique Family Law Features

Two-Court System

Virginia uniquely splits family matters between Circuit Court (divorce, property) and J&DR Court (custody, support).

Separation Required

For no-fault divorce, Virginia requires actual separation for 6 months to 1 year depending on circumstances.

Hybrid/Uncontested Divorce

Virginia allows uncontested divorce to be finalized by affidavit or deposition without a court appearance.

Equitable Distribution

Virginia is an equitable distribution state with 11 factors for property division.

Fault Still Matters

Virginia still considers marital fault as a factor in spousal support (alimony) and can bar support in adultery cases.

Parenting Classes

Many Virginia courts require parents to complete a parent education seminar before custody orders are entered.