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Getting a Divorce in Virginia

Read this in: Español

Author: Valerie L'Herrou

A divorce is a legal process that officially ends your marriage. In Virginia, you file for divorce in a circuit court. The person who files is called the "Plaintiff." Your spouse is called the "Defendant." 

Your divorce is not final until a judge signs a document called the Final Decree.

The two types of divorce

Virginia courts handle two types of divorce: fault and no-fault.

Most people file a no-fault divorce. This means you do not have to prove your spouse did anything wrong. You just have to show you have been separated long enough.

A fault divorce is much harder. You have to prove specific reasons, like adultery or abandonment. These cases are almost always contested, meaning you and your spouse disagree and a judge has to decide.

How long do I have to be separated first? 

Before you can file a no-fault divorce, you and your spouse must live "separate and apart." This means you are physically separated, not acting as a married couple, and you both intend the separation to be permanent.

How long you have to wait depends on your situation:

  • If you have no minor children (under 18) together and you have both signed a written separation agreement, you can file after six months.
  • If you have minor children together, you must wait one year, even if you have a signed agreement.

Read more: How Long Do You Have to Be Separated Before Filing for Divorce in Virginia?

Can I file without a lawyer? 

Virginia circuit court procedures are complicated, even for no-fault divorces. Most people hire an attorney. But if your divorce is uncontested, meaning you and your spouse agree on everything, you may be able to file on your own.

Before you can file, all issues involving children, support, and property must be fully resolved. This can be done through a written agreement with your spouse or a court order. If anything is still in dispute, talk to an attorney before filing.

Virginia Legal Aid offers a free online DIY Divorce tool that walks you through your situation and generates your divorce paperwork.

Read more: Can I Do My Own Divorce in Virginia Without a Lawyer?

What if I can't afford the filing fee? 

Every court charges a fee to file a divorce case. If you cannot afford it, you can ask the court to waive the fee. You must request this at the same time you file. You cannot ask for it later.

Read more: How to Get a Virginia Divorce Filing Fee Waiver

What if my situation is more complicated? 

Some situations require extra care. Talk to an attorney before filing if any of these apply to you:

  • Your spouse has been violent or abusive
  • You disagree on custody, support, or property
  • Your spouse lives outside Virginia or cannot be located
  • You are pregnant
  • Your spouse is incarcerated

How do I keep my address private? 

When you file for divorce, your address will be on the court paperwork. If your spouse has been abusive and you do not want them to know your address, you may be able to join the Address Confidentiality program. You will need to apply through a Victim-Witness, Domestic Violence, or legal aid program. 

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