How to File for Divorce in Virginia (2026)
Reviewed by DocDraft Legal Team · Virginia · Last updated 2026-05-18
Ending a marriage in Virginia follows Virginia-specific family law from the first filing. The asset rule is equitable distribution (a fair, not automatically equal, split); the no-fault ground is available after the required period of living separate and apart. You must satisfy the residency requirement first: One of the parties must have been at the time of the filing of the suit, and have been for at least 6 months preceding the filing of the suit, an actual bona fide resident and domiciliary of the Commonwealth of Virginia. What follows is the Virginia process, forms, and the controlling statute, Va. Code Ann. § 20-91.
Key Considerations
Virginia treats alimony separately. Court may award spousal support (defined-duration, undefined-duration, or rehabilitative) considering 13 enumerated factors at § 20-107.1(E) including obligations, needs and financial resources; standard of living during marriage; duration; age and physical and mental condition; circumstances and factors contributing to the dissolution; extent to which the age, physical or mental condition affects either party's ability to care for the home; provisions for retirement benefits; earning capacity; opportunity for education and training; decisions regarding employment, career, economics, education, and parenting; contributions to the well-being of the family; and property interests of the parties That structure sits in Va. Code Ann. § 20-107.1.
Virginia resolves the marital estate under a fair-but-not-equal equitable-distribution framework. Equitable distribution: the court divides marital property based on 11 enumerated factors at § 20-107.3(E) including the contributions, monetary and non-monetary, of each party to the well-being of the family; the duration of the marriage; the ages, physical and mental condition; circumstances and factors that contributed to the dissolution; how and when specific items were acquired; debts and liabilities of each party; liquid or non-liquid character; tax consequences; and use or expenditure of marital property. The controlling authority is Va. Code Ann. § 20-107.3.
The child-support number is not discretionary: Income-shares model under Va. Code Ann. § 20-108.2; both parents' gross income is applied to the Schedule of Monthly Basic Child Support Obligations with adjustments for shared custody (when each parent has 90 or more days of physical custody), split custody, health insurance, and child-care Va. Code Ann. § 20-108.2 codifies it, with the official calculator.
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Relevant Documents
In Virginia, Complaint for Divorce; accompanied by Form VS-4 (Vital Statistics State Statistical Report) and Domestic Case Coversheet (Form CC-1438) Forms are published via the state agency.
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Virginia Code § 20-91 - Grounds for divorce from bond of matrimony
This statute outlines the legal grounds for divorce in Virginia, including both fault-based grounds (adultery, felony conviction, cruelty, desertion) and no-fault grounds (living separate and apart for at least one year, or six months with a separation agreement if there are no minor children).
Virginia Code § 20-107.3 - Equitable distribution of marital property
This law governs how marital property is divided in Virginia divorces. Virginia follows 'equitable distribution' principles, meaning property is divided fairly but not necessarily equally. The court considers factors like the contributions of each spouse, duration of marriage, and economic circumstances.
Virginia Code § 20-107.1 - Spousal support/alimony
This statute addresses spousal support (alimony) in Virginia. Courts consider numerous factors including the needs and financial resources of each party, the standard of living during marriage, duration of marriage, and each spouse's earning capacity when determining support awards.
Virginia Code § 20-124.2 - Child custody and visitation
This law establishes that child custody decisions in Virginia are made based on the 'best interests of the child' standard. The court considers various factors including the age and physical/mental condition of the child, relationship with each parent, and each parent's ability to cooperate and resolve disputes.
Virginia Code § 20-108.2 - Child support guidelines
This statute provides the mathematical guidelines used to calculate child support in Virginia. Support amounts are primarily based on the combined income of both parents, the number of children, and the custody arrangement, though courts can deviate from guidelines in certain circumstances.
Virginia Code § 20-103 - Temporary support and custody
This law allows for temporary orders regarding spousal support, child support, custody, and use of the marital home while the divorce is pending. These temporary arrangements help maintain stability until the final divorce decree is issued.
Virginia Code § 20-121.02 - No-fault divorce procedures
This statute outlines the procedures for obtaining a no-fault divorce in Virginia, which requires living separate and apart for the statutory period. It's important to understand what constitutes a legal separation in Virginia, as it doesn't require a formal separation agreement.
Regional Variances
Northern Virginia
Fairfax County has its own specific procedures for divorce cases, including mandatory attendance at co-parenting education seminars if minor children are involved. The county also has a more structured discovery process and typically longer wait times for court dates due to the high volume of cases. Fairfax County Circuit Court has specific local rules that must be followed for divorce proceedings.
Arlington County tends to have faster processing times for uncontested divorces compared to other Northern Virginia jurisdictions. The county also has specific requirements for financial disclosures that may differ slightly from neighboring counties. Arlington judges are known to be particularly focused on equitable distribution of assets in high-net-worth divorces.
Alexandria has its own Circuit Court with specific local rules for divorce proceedings. The city requires mandatory mediation for custody disputes before trial dates are set. Alexandria courts are also known to have specific procedures for handling military divorces due to the high concentration of military personnel in the area.
Hampton Roads Region
Virginia Beach has specialized divorce procedures that account for military families, as it's home to several military bases. The courts here have experience with military pension division and deployment-related custody issues. Virginia Beach also has specific local forms that must be used for divorce filings that differ from other jurisdictions.
Norfolk courts have developed specific procedures for handling divorces involving naval personnel. The city has a reputation for stricter enforcement of spousal support guidelines compared to other jurisdictions. Norfolk also has specialized mediation services available through the court for divorce cases.
Richmond Metropolitan Area
Richmond City has its own Circuit Court with specific local rules and procedures for divorce cases. The city courts tend to have more formal procedural requirements than surrounding counties. Richmond also has a dedicated family court docket that can sometimes process cases more efficiently than other jurisdictions.
Henrico County has specific local procedures for divorce filings that differ from neighboring Richmond. The county requires additional documentation for property division compared to some other jurisdictions. Henrico judges are known to strictly adhere to statutory guidelines for child support calculations.
Southwest Virginia
Roanoke County tends to have more conservative approaches to property division and alimony awards compared to urban areas of Virginia. The county has specific local forms and procedures that must be followed. Divorce proceedings in Roanoke may move more quickly due to lower case volumes than in metropolitan areas.
Suggested Compliance Checklist
Check that the residency rule is met
Before filing days after startingOne of the parties must have been at the time of the filing of the suit, and have been for at least 6 months preceding the filing of the suit, an actual bona fide resident and domiciliary of the Commonwealth of Virginia. See Va. Code Ann. § 20-97.
State the grounds
Before filing days after startingNo-fault: parties have lived separate and apart without cohabitation and without interruption for 1 year (6 months if no minor children and a separation agreement). Fault grounds under § 20-91(A): (1) adultery, sodomy, or buggery (committed outside the marriage); (3) conviction of a felony and confinement for more than 1 year (with no cohabitation after knowledge of confinement); (6) cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment (must be a 1-year separation since the conduct) (Va. Code Ann. § 20-91).
File the divorce petition
At filing days after startingComplaint for Divorce; accompanied by Form VS-4 (Vital Statistics State Statistical Report) and Domestic Case Coversheet (Form CC-1438) Pay the filing fee, which is approximately $86 to $135 filing fee for a Complaint for Divorce in Circuit Court (county-variable; statewide AOC base plus county-specific automation fees). A fee waiver is available: Petition for Proceeding in Civil Case Without Payment of Fees and Costs (Form CC-1414) under Va. Code Ann. § 17.1-606 waives filing fees on showing of indigence.
Serve the spouse and complete financial disclosure
After filing days after startingThe responding spouse must be formally served, and both sides typically exchange a financial affidavit before the case proceeds.
Close out the case
After filing days after startingWith the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage.
Plan for the mandatory timing rule
Final step days after startingParties must have lived separate and apart without cohabitation and without interruption for 1 year before a no-fault divorce may be granted; reduced to 6 months when the parties have no minor children and have entered into a written separation agreement Set by Va. Code Ann. § 20-91(A)(9)(a).
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Check that the residency rule is met | One of the parties must have been at the time of the filing of the suit, and have been for at least 6 months preceding the filing of the suit, an actual bona fide resident and domiciliary of the Commonwealth of Virginia. See Va. Code Ann. § 20-97. | - | Before filing |
| State the grounds | No-fault: parties have lived separate and apart without cohabitation and without interruption for 1 year (6 months if no minor children and a separation agreement). Fault grounds under § 20-91(A): (1) adultery, sodomy, or buggery (committed outside the marriage); (3) conviction of a felony and confinement for more than 1 year (with no cohabitation after knowledge of confinement); (6) cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment (must be a 1-year separation since the conduct) (Va. Code Ann. § 20-91). | - | Before filing |
| File the divorce petition | Complaint for Divorce; accompanied by Form VS-4 (Vital Statistics State Statistical Report) and Domestic Case Coversheet (Form CC-1438) Pay the filing fee, which is approximately $86 to $135 filing fee for a Complaint for Divorce in Circuit Court (county-variable; statewide AOC base plus county-specific automation fees). A fee waiver is available: Petition for Proceeding in Civil Case Without Payment of Fees and Costs (Form CC-1414) under Va. Code Ann. § 17.1-606 waives filing fees on showing of indigence. | divorce-petition | At filing |
| Serve the spouse and complete financial disclosure | The responding spouse must be formally served, and both sides typically exchange a financial affidavit before the case proceeds. | - | After filing |
| Close out the case | With the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage. | - | After filing |
| Plan for the mandatory timing rule | Parties must have lived separate and apart without cohabitation and without interruption for 1 year before a no-fault divorce may be granted; reduced to 6 months when the parties have no minor children and have entered into a written separation agreement Set by Va. Code Ann. § 20-91(A)(9)(a). | - | Final step |
Frequently Asked Questions
Virginia uses equitable distribution (a fair, not automatically equal, split). Equitable distribution: the court divides marital property based on 11 enumerated factors at § 20-107.3(E) including the contributions, monetary and non-monetary, of each party to the well-being of the family; the duration of the marriage; the ages, physical and mental condition; circumstances and factors that contributed to the dissolution; how and when specific items were acquired; debts and liabilities of each party; liquid or non-liquid character; tax consequences; and use or expenditure of marital property. See Va. Code Ann. § 20-107.3.
One of the parties must have been at the time of the filing of the suit, and have been for at least 6 months preceding the filing of the suit, an actual bona fide resident and domiciliary of the Commonwealth of Virginia. This is set by Va. Code Ann. § 20-97.
approximately $86 to $135 filing fee for a Complaint for Divorce in Circuit Court (county-variable; statewide AOC base plus county-specific automation fees) Petition for Proceeding in Civil Case Without Payment of Fees and Costs (Form CC-1414) under Va. Code Ann. § 17.1-606 waives filing fees on showing of indigence
No-fault: parties have lived separate and apart without cohabitation and without interruption for 1 year (6 months if no minor children and a separation agreement). Fault grounds under § 20-91(A): (1) adultery, sodomy, or buggery (committed outside the marriage); (3) conviction of a felony and confinement for more than 1 year (with no cohabitation after knowledge of confinement); (6) cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment (must be a 1-year separation since the conduct). The governing statute is Va. Code Ann. § 20-91.
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