To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce.

For a “no fault” or uncontested divorce, 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 before you may file for divorce; if there are children from the marriage, you must be separated a minimum of one year before you may file for divorce. If any child or children of the marriage is under the age of 18, both the husband and the wife must complete the Families in Transition (FITS) Program.

The case is normally filed in the Circuit Court of the city or county either where the parties last lived together, or where the defendant lives at the time of the filing. In Virginia, you do not file a separation agreement with the Court.

If you choose to represent yourself, you will be expected to follow the same procedures as an attorney. Please do not ask Court personnel for legal advice or assistance. Court personnel are prohibited by state law to give you legal advice or assistance. You are strongly encouraged to hire an attorney.

The complaint is submitted along with a VS-4 form.  The VS-4 form is available at the Clerk’s Office or at the local Department of Health.

The fees associated with the filing of a divorce case are:

• An $84.00 filing fee is required to file a complaint, and

• A $12.00 service fee if the complainant wishes to have a defendant that resides in Virginia served by the Sheriff. If the defendant does not reside in the State of Virginia, or if the complainant does not wish to have the document served by a sheriff, the complainant must make arrangements to have the documents served on the defendant. This may be accomplished by using a private process server; or if the defendant is willing to accept service, having the subpoena issued to the complainant so that the complainant may arrange for the defendant to accept service before a notary public or execute a waiver of notice. (Normally, the Clerks Office charges no service fee if the defendant is not to be served by a sheriff.)

• If the wife wishes to resume her maiden name, there will be an additional fee payable when the final decree of divorce is entered; this fee is $21.00 for up to ten pages.

All fees are payable to the Clerk of the Circuit Court by cash, check or money order.

For more information, or for answers to specific questions, we suggest you review the Code of Virginia and contact a lawyer. If you need a lawyer, please contact the Loudoun County Bar Association at 703-777-1650 or refer to the lawyer referral recommendations listed below:

Virginia Lawyer Referral Service
1-800-552-7977
Specify location and area of law
Can arrange 30-minute session for $35.00

Legal Services of Northern Virginia
3 Royal Street S.E.
Leesburg, VA 20175
703-777-7450

If you would like to do research on this topic, you may utilize the Law Library located at 18 East Market Street, in downtown Leesburg during normal business hours.

Please be advised that the law librarian cannot provide legal advice.