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Virginia Do-it-Yourself Divorce

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This free tool helps you fill out the forms for a Virginia divorce without a lawyer. It guides you through a short interview then creates a set of legal forms for you to print and file with the court. Instructions for filing with the court are also included.

This tool is only for an uncontested divorce. That means you and your spouse have already agreed on all issues, like property, children, and support. Virginia court procedures are complicated, even for simple cases, but it is possible to complete this on your own.

We recommend you ask an attorney to read your final divorce documents before you file them with the court. An attorney can make sure you are not giving up any rights you may have, such as to spousal support, property, or retirement benefits.

DIY Divorce Packet Interview

Is this tool right for me? 

Before you begin, check that you meet the requirements below. You must meet all of them to use this tool.

Where do you and your spouse live? 

Both you and your spouse must currently live in Virginia. At least one of you must have lived in Virginia for at least six months before you file.

How long have you been separated? 

"Separated" means you live apart, you are not acting as a married couple, and you both intend the separation to be permanent.

How long you must wait depends on your situation:

  • Six months: if you have no minor children together AND you have both signed a written separation agreement.
  • One year: if you have minor children together, even if you have a signed agreement.

Have you resolved all issues? 

An uncontested divorce means all issues are resolved before you file. You and your spouse must have already agreed on, or have court orders for, all of the following:

  • Child custody, parenting time, and child support, if you have minor children
  • Spousal support
  • How to divide your property, assets, and debts

If any of these issues are still in dispute, you cannot file an uncontested divorce. You must have either a signed agreement or court orders that settle all of these matters before you file.

Who cannot use this tool? 

You cannot use this tool if any of the following apply to you:

  • You or your spouse served in the military during the marriage. Military divorces have special federal rules. Visit Military OneSource at militaryonesource.mil for more information.
  • You or your spouse have a retirement account or pension. There are special rules for dividing these accounts. Talk to an attorney or a mediator.
  • You or your spouse is currently pregnant.
  • Your spouse lives outside of Virginia.
  • Your spouse is currently incarcerated, or is not legally able to take part in court proceedings. Talk to an attorney.

If you cannot use this tool, an attorney may be able to help:

How long will this take? 

Be sure you have enough time to complete your interview and finalize your documents.

  • This program will take at least one hour.
  • You may create an account to save your work and come back later.
  • You must have certain information before you can begin. See below.

If you start the program and realize you do not have everything you need to continue, your answers will be saved for you when you return if you are using the same device. When you have the information you need, click "continue" to get to where you left off.

Important: if you are using a public computer, delete the browser history so your answers will not be saved.

What information do I need to gather? 

This list will help you gather the information you need to complete the Do-It-Yourself Divorce program. It is easier to gather this information before you start.

About you and your spouse

  • Full legal names and birthdates
  • Social Security Numbers for you and your spouse (and minor children, if any)
  • City or county in Virginia where you and your spouse lived together
  • City or county where you each live now

About your marriage

  • Your wedding date
  • The place you were married (city or county and state)
  • Date of separation

About child custody and child support

You will need the following only if you have minor children together.

  • Names, birthdates, and social security numbers of children of the marriage for all children of the marriage. This includes children born or adopted before or during the marriage, or after separation).
  • A signed agreement or court order for custody, parenting time, and child support. You will need the court name and case number.
  • The amount and frequency of child support payments.
  • Date the first child support payment is/was due
  • Any unpaid child support amounts, called arrearages. This means money that was owed but not paid. You will need to know how much was owed.
  • Any overages, which are amounts that were paid that are above the court-ordered or agreed-upon amount, and how you and your spouse  have agreed to handle them.

About children's health care coverage

  • Which spouse is paying for coverage for the children
  • Name and address of insurance company
  • Policy number
  • Certificate number
  • Type of coverage, such as medical, dental, optical, or other
  • Who will pay for any healthcare costs that insurance does not cover

About spousal support

If either spouse will be paying spousal support, you may need some or all of the information listed below.

  • Employer name, address and phone number for you and your spouse
  • Driver’s license numbers for you and your spouse
  • Professional or occupational license information for you and your spouse
  • Any health care coverage one spouse is providing for the other
  • The court and the case numbers of any court orders relating to spousal support

About asking the court to waive your filing fees

You may be able to ask the court to waive your filing fee. "Waive" means the court agrees not to charge you. To request a waiver, you will need to provide:

  • Annual household income
  • Information about your employer
  • Number of people you support
  • Any public assistance received, and the city or county that provides it

 

DIY Divorce Packet Interview