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Virginia Divorce Petition

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Introduction

In Virginia, the Complaint for Divorce is the initial pleading you file with a Circuit Court to legally end your marriage, a document historically styled a "Bill of Complaint." Filing it requires that at least one spouse be a bona fide resident and domiciliary of the Commonwealth for at least six months preceding the commencement of the suit (Va. Code § 20-97). Virginia sets no fixed post-filing statutory waiting period; the operative minimum is the separation itself, one year living separate and apart without cohabitation and without interruption, or six months where the parties have no minor children and have signed a separation agreement (Va. Code § 20-91(A)(9)(a)). The Plaintiff files against the Defendant in the Circuit Court of the county or city where the parties last cohabited or where the defendant resides, seeking a divorce from the bond of matrimony (a vinculo matrimonii) rather than a "dissolution of marriage." Virginia recognizes both no-fault and fault grounds and divides marital property by equitable distribution under Va. Code § 20-107.3.

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Key Things to Know

  1. 1

    Definition: Virginia names the divorce-opening pleading a Complaint for Divorce, historically a 'Bill of Complaint,' the document that formally starts the case in Circuit Court. The filing spouse is the Plaintiff and the responding spouse is the Defendant.

  2. 2

    Residency: At least one party must be a bona fide resident and domiciliary of Virginia for at least six months immediately preceding the commencement of the suit (Va. Code § 20-97) before a Circuit Court can hear the Complaint for Divorce.

  3. 3

    Waiting period: Virginia imposes no fixed post-filing statutory waiting period. The operative minimum is the separation itself: one year living separate and apart without cohabitation and without interruption, reduced to six months when there are no minor children and the parties have signed a separation agreement (Va. Code § 20-91(A)(9)(a)).

  4. 4

    Grounds: Virginia allows both no-fault (living separate and apart for the required one-year or six-month period) and fault grounds under Va. Code § 20-91: adultery, sodomy, or buggery, conviction of a felony with confinement of more than one year, cruelty, reasonable apprehension of bodily hurt, and willful desertion or abandonment.

  5. 5

    Property: Marital assets are divided by equitable distribution under Va. Code § 20-107.3, a fair division weighed against statutory factors rather than an automatic 50/50 split.

  6. 6

    Court and forms: Virginia publishes no mandatory statewide fill-in-the-blank divorce form, so you file a drafted Complaint for Divorce (historically a 'Bill of Complaint') together with a Civil Summons (the CC-1400-type or Form DC-436 summons) in the Circuit Court of the county or city where the parties last cohabited or where the defendant resides, with the filer as Plaintiff and the responding spouse as Defendant.

  7. 7

    Filing fee: Expect roughly $86 to $91, which varies by circuit and locality and is commonly around $86, paid to the Circuit Court clerk at filing.

Key decisions before you file

Before you file a Divorce Petition in Virginia, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

Open the Divorce Petition guide

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Filing a Divorce Petition in Virginia

Virginia opens a divorce with a Complaint for Divorce, historically styled a "Bill of Complaint," filed in the Circuit Court of the county or city where the parties last cohabited or where the defendant resides. Before that pleading can be heard, at least one spouse must have been a bona fide resident and domiciliary of Virginia for at least six months preceding the commencement of the suit (Va. Code § 20-97). The person who files is the Plaintiff, the responding spouse is the Defendant, and the relief sought is a divorce from the bond of matrimony (a vinculo matrimonii), not a "dissolution of marriage."

No Fixed Waiting Period, Only Separation

Virginia imposes no fixed post-filing statutory waiting period. The operative minimum is the separation itself. For a no-fault divorce, the parties must live separate and apart without any cohabitation and without interruption for one year (Va. Code § 20-91(A)(9)(a)). That period drops to six months when the spouses have no minor children and have executed a separation or property settlement agreement. This separation clock, not a court queue, governs how soon a final decree can issue. Filing before the period matures risks dismissal, so the documented separation date, not the filing date, anchors the schedule.

Grounds: No-Fault and Fault

Beyond the no-fault route, Va. Code § 20-91 preserves fault grounds: adultery, sodomy, or buggery; conviction of a felony with confinement of more than one year; cruelty; reasonable apprehension of bodily hurt; and willful desertion or abandonment. A desertion or cruelty ground still requires a one-year separation before the final decree, so fault rarely shortens the timeline. It mainly changes what you must prove.

Property: Equitable Distribution

Virginia is an equitable distribution state (Va. Code § 20-107.3). Marital property is divided in a manner the court deems fair after weighing statutory factors, not by a mechanical fifty-fifty split. Separate property generally remains with the spouse who owns it.

Forms, Summons, and Fees

Virginia does not publish a mandatory statewide fill-in-the-blank divorce form, so the Complaint is drafted as a pleading and paired with a Civil Summons (the CC-1400-type or Form DC-436 summons) served on the Defendant. Filing fees run roughly $86 to $91, varying by circuit and locality, most commonly around $86, paid to the Circuit Court clerk at filing.

Because the Complaint is a drafted pleading rather than a checkbox form, the allegations of residency, the date and circumstances of separation, the grounds, and the requested relief must be pleaded with care. To begin, review the interactive template at (/legal-document/divorce-petition) and align each allegation with the Virginia Code sections above.

Before You File

Confirm the six-month residency, fix the exact separation date, and decide whether the six-month or one-year separation track applies based on minor children and a signed agreement. Getting those facts right, along with venue in the correct Circuit Court, is what keeps a Virginia Complaint for Divorce moving toward a decree of divorce from the bond of matrimony.

Virginia Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: At least one party must be a bona fide resident and domiciliary of Virginia for at least six months preceding the commencement of the suit (Va. Code § 20-97)..

Residency (County)

Must file in the correct county Circuit Court the circuit.

Grounds for Divorce

Must properly plead grounds: No-fault + fault. No-fault: having lived separate and apart without any cohabitation and without interruption for one year (Va. Code § 20-91(A)(9)(a)), reduced to six months where there are no....

Waiting Period

Mandatory waiting period: There is no fixed post-filing statutory waiting period; the operative minimum is the separation period itself , one year, or....

Required Forms

Must file correct state forms: Complaint for Divorce (historically styled a 'Bill of Complaint') as the initial pleading, together with....

Property Division

Property is divided according to: Equitable distribution (Va. Code § 20-107.3). laws.

Filing Fee

Filing fee is typically Approximately $86,$91 (varies by circuit/locality; commonly around $86). unless waived.

Service of Process

The Defendant must be properly served with the summons and petition.

Frequently Asked Questions

A divorce petition is the pleading that opens a divorce case. In Virginia it is the Complaint for Divorce (historically a 'Bill of Complaint'), filed by the Plaintiff against the Defendant in the Circuit Court of the county or city where the parties last cohabited or where the defendant resides. It states residency, the grounds, the separation facts, and the relief requested, asking the court for a divorce from the bond of matrimony.

They point to the same goal under different labels. Virginia does not use the term 'dissolution of marriage.' Here the case is a divorce, specifically a divorce from the bond of matrimony (a vinculo matrimonii), and the pleading that starts it is the Complaint for Divorce. Some other states call the process 'dissolution,' but in Virginia you file a Complaint for Divorce, not a dissolution petition.

At least one party must be a bona fide resident and domiciliary of Virginia for at least six months preceding the commencement of the suit (Va. Code § 20-97). The court cannot hear the Complaint for Divorce until that residency requirement is met.

Virginia allows no-fault and fault grounds. No-fault requires living separate and apart without any cohabitation and without interruption for one year (Va. Code § 20-91(A)(9)(a)), reduced to six months where there are no minor children and the parties have signed a separation agreement. Fault grounds under Va. Code § 20-91 include adultery, sodomy, or buggery, conviction of a felony with confinement of more than one year, cruelty, reasonable apprehension of bodily hurt, and willful desertion or abandonment.

Yes. For a no-fault divorce the parties must live separate and apart without cohabitation and without interruption for the required period before the divorce can be granted. A fault-based desertion or cruelty ground also requires a one-year separation before the final decree.

The initial filing fee is approximately $86 to $91, which varies by circuit or locality and is commonly around $86, paid to the Circuit Court clerk. Low-income filers can request a fee waiver.

Virginia follows equitable distribution (Va. Code § 20-107.3), meaning marital property is divided fairly according to statutory factors rather than automatically split 50/50. Separate property generally remains with the spouse who owns it.

Yes. Once you properly serve the Defendant with the Complaint for Divorce and Civil Summons, the case can proceed even if that spouse refuses to participate, and the Circuit Court can enter a default decree after the required separation period has passed.