Divorce in Virginia, start to finish
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Virginia’s divorce law hinges on one distinction almost nobody gets right the first time — whether you’re on the six-month separation track or the one-year one. And unlike some states, Virginia doesn’t hand you a packet of official forms to figure it out with. That’s what this is for.
Put in the day you filed and this page works out every deadline in your case, then hands you a calendar file that reminds you a week before each one and again the day before. It opens in the calendar you already use. Free, no account, nothing stored.
1 · The two tracks, and what the rule requires
Virginia has exactly two no-fault paths, both under the same statute — Va. Code §20-91(A)(9)(a) — and the difference between them is six months. Filing before the applicable period has run gets the case dismissed as premature, so both tracks and their conditions are set out below.
Residency comes first. Va. Code §20-97 requires one spouse to have been an actual bona fide resident and domiciliary of Virginia for at least six months before filing. There is no way around that one.
The circuit court filing fee runs roughly $50–$90 depending on the court, and Virginia publishes a fee-waiver petition for no-fault divorces (CC-1421, in the table below).
The six-month track
Va. Code §20-91(A)(9)(a); affidavit route at §20-106(A)(i)
The shorter of Virginia’s two no-fault waiting periods. It is not a separate procedure — it is the same statute, with a shorter separation period attached to a narrower set of facts.
Available only where both of these are true, together:
- There are no minor children from any source — born to the two spouses, born to either and adopted by the other, or adopted by both, at any point.
- A separation agreement, sometimes called a property settlement agreement, has been signed.
Where everything has been settled in writing, the affidavit-only route under §20-106(A)(i) is generally also available — meaning no in-person hearing at all where the rest of the paperwork is in order.
The one-year track
Va. Code §20-91(A)(9)(a); §20-106(A)(i) and §20-106(A)(iii)
Still §20-91(A)(9)(a) — just the one-year branch instead of the six-month one. The statute is the same; the separation period is longer.
This is the track where either of these is true:
- There are minor children — born to the two spouses together, born to one and adopted by the other, or adopted by both.
- There is no signed separation agreement.
Where an agreement is signed, the affidavit-only route under §20-106(A)(i) is generally still available once the full year has run — the year itself cannot be shortened. Without a signed agreement, a case generally needs either the other spouse’s default after being served (§20-106(A)(iii)) or an in-person hearing; an agreement signed late can still open the affidavit route before the decree is entered.
2 · Every form Virginia publishes for a divorce
Here is the part that catches people coming from other states: Virginia’s own self-help site says it plainly — “There are no official court forms dealing with the process of spousal separation or divorce.” A handful of real statewide forms exist for specific pieces (service, fee waivers, protecting a Social Security number). The rest — the Complaint, the Affidavit, the proposed Final Decree — come from a circuit court’s own local packet. Both kinds are below, tagged so you can see which is which, with the route each belongs to. This is the complete list, not a shortlist, because which forms a case needs depends on facts only you and, if you need one, your lawyer can weigh.
The Cusp is not a law firm and cannot tell you which forms are right for your case. Everything here is general information about how Virginia handles divorce, and every form below is published free by Virginia itself — you do not have to buy anything from anyone to get them. If your situation is not straightforward, a consultation with a Virginia family lawyer costs far less than fixing a filing that went wrong.
| Form | What it is | Route | Rev. | |
|---|---|---|---|---|
| CC-1416 | Cover Sheet for Filing Civil Actionsstate form | All | 01/24 | Download |
| — | Complaint for Divorcelocal packet | All | local packet | See example |
| — | Affidavit of Plaintiff (§20-106)local packet | All | local packet | See example |
| — | Proposed Final Decree of Divorcelocal packet | All | local packet | See example |
| — | Separation / Property Settlement Agreementlocal packet | Required for the six-month track; also used on the one-year track where one is signed | local packet | See example |
| VS-4 | Report of Divorce or Annulment (Dept. of Health)local packet | All | from clerk | ask clerk |
| CC-1426 | Addendum for Protected Identifying Information — Confidentialstate form | All | 5/08 | Download |
| CC-1406 | Acceptance of Service & Waiver of Future Service of Processstate form | Where the other spouse waives service | 07/19 | Download |
| CC-1434 | Order of Publicationstate form | Where the other spouse’s whereabouts are unknown | 07/24 (instructions) | Download |
| CC-1435 | Affidavit for Order of Publicationstate form | Where the other spouse’s whereabouts are unknown | 07/26 | Download |
| CC-1421 | Petition for Proceeding in a No-Fault Divorce Without Payment of Fees or Costsstate form | All — where the filing fee is a hardship | 07/26 | Download |
State forms are free from vacourts.gov and safe to file as-is. Local packet items do not have one statewide version — the linked example shows what a local version contains, but formatting has to be confirmed with the clerk of the circuit court where the case is filed.
3 · Getting the forms and filling them in
Because Virginia splits your paperwork into “real statewide form” and “local pleading,” the process has an extra fork in it. Here’s the order that actually works.
You may e-file, but you do not have to Your choice
- Portal
- Virginia Judiciary eFiling System (VJEFS)
- Paper
- Still accepted — you can file over the counter.
- What it costs
- No portal fee published.
- Account
- A self-represented party cannot register. For attorneys, "Only one completed registration application must be submitted to and accepted by one participating circuit clerk's office to file cases in all participating circuit courts.
- Worth knowing
- VJEFS covers "most civil cases in circuit court," which is where Virginia divorce suits are filed, but access is limited to Virginia State Bar members and their staff. A self-represented Virginia divorce filer therefore files paper with the circuit court clerk. Virginia's official self-help site notes that "There are no official court forms dealing with the process of spousal separation or divorce."
Step one — download the statewide forms
Every Circuit Court (CC-prefixed) form in Virginia is free from the Judicial System’s own site:
selfhelp.vacourts.gov — Find a Form · full catalog at vacourts.gov circuit forms listing
These are revised on their own schedules — several of the ones below carry a “07/26” revision printed in the footer. Don’t reuse a saved copy; clerks check the date.
Step two — get your local pleadings from your own circuit
Call or check the website of the Circuit Court in the city or county where you (or your spouse) live. Ask specifically for the pro se / self-represented uncontested divorce packet — most clerks have one, even if it isn’t posted online, because Virginia expects a large share of no-fault divorces to be self-filed. It will contain sample language for your Complaint, your Affidavit (the sworn statement that replaces a hearing — see Section 7), and your proposed Final Decree.
Fairfax’s and Alexandria’s packets (linked in Section 2) are both detailed enough to work from as models in most circuits, since the underlying law is the same statewide — but always have your own clerk’s office confirm local formatting rules (margin sizes, caption format, number of copies) before you file. Clerks can’t give legal advice, but they can and do tell you whether a filing meets their formatting requirements.
Step three — sign the affidavit in front of a notary
Your sworn Affidavit under Va. Code §20-106 has to be signed in front of a notary — not signed the night before and brought in. Virginia has recognized remote online notarization under Title 47.1 of the Code for years, so a video-call notary session works: you show ID, sign on screen, and the notary applies an electronic seal.
Virginia used to require a separate corroborating-witness affidavit for uncontested no-fault divorces. That requirement was eliminated effective July 1, 2021 — your own sworn affidavit under §20-106 is enough. If a local packet or an old form still asks for one, it’s outdated; check with the clerk.
Step four — file, and serve or waive service
Virginia’s e-filing options vary by circuit — many clerks still expect mailed or in-person filing for pro se divorces, so call ahead. Whichever way you file, three service paths exist: your spouse signs Form CC-1406 (acceptance/waiver of service, notarized) to skip formal service entirely; a sheriff serves them for a $12 fee; or, if you genuinely can’t locate them, you use an Order of Publication (Form CC-1434 / Form CC-1435) — the most document-heavy and slowest option, and one where the court can grant the divorce but generally cannot award spousal support or a property division you didn’t already have in writing.
4 · Your deadlines, calculated
Almost everything here counts from the day you and your spouse started living separately — not from the day you file. Put that in, plus your track, and we’ll calculate your earliest filing date; add your filing and service dates once you have them for the deadlines that follow.
5 · Virginia’s trap
Va. Code §20-91(A)(9)(a) requires both conditions at once: no minor children (ever — born to you together, born to one and adopted by the other, or adopted by both), and a signed separation agreement. People routinely count only the first one, assume they’re on the fast track, and file two months too early — which gets the case dismissed as premature and starts the clock over. Having no kids with a spouse who won’t sign an agreement still means one year, full stop.
And the second trap sits right next to it
Living in the same house does not automatically disqualify you from being “separate and apart” under Virginia law — but it is the single most scrutinized fact in an uncontested Virginia divorce. Your affidavit has to establish that you’ve lived separately and apart continuously, without interruption and without cohabitation for the full period. Courts read “cohabitation” as more than a shared address: separate bedrooms, no shared meals or finances presented as a couple, no marital relations, no holding yourselves out as married. If that’s your situation, budget for more documentation than a simple affidavit, expect the possibility of an in-person hearing instead of the affidavit-only route, and strongly consider a short paid consult with a family law attorney before you set your filing date — getting this fact wrong doesn’t just delay you, it can undo the whole case.
6 · The order it actually happens in
7 · The Affidavit — what §20-106 requires it to establish
This sworn statement is what lets most uncontested Virginia divorces skip a courtroom entirely. Miss one element and the judge kicks it back — or sets a hearing you were trying to avoid.
Under §20-106(A), you can proceed on affidavit alone, without a judge’s leave, in exactly three situations: (i) you’ve resolved everything with a signed written agreement, (ii) the divorce ground is the only thing left to decide, or (iii) your spouse was personally served and never responded. Outside those three, expect an actual hearing.
8 · The rejection-proofing checklist
Forms people forget
Timing
9 · What this costs
| Item | Cost |
|---|---|
| Circuit Court clerk’s statewide filing fee (Va. Code §17.1-275, Account Code 304) | $50 base |
| Fairfax County total divorce filing fee, incl. local surcharges — one confirmed example | $89 |
| Richmond & Virginia Beach total filing fee | confirm w/ clerk |
| Sheriff service of process, per person (Account Code 206) | $12 |
| Private process server, if used | varies |
| Order of Publication — newspaper notice (per Alexandria’s posted packet) | ~$30 |
| Order of Publication — certified/registered mail receipt | $5–$10 |
| Notary or remote online notarization for your affidavit | $0–$25 |
| Typical all-in, doing it yourself, uncontested | $70–$150 |
| Illustrative, member-reported attorney costs — not official figures | |
| Flat-fee attorney, fully uncontested with agreement (reported range) | $1,500–$4,000 |
| Attorney-assisted, some negotiation needed (reported range) | $4,000–$10,000 |
| Contested, going to a hearing (reported range) | $10,000+ |
File CC-1421, the divorce-specific fee waiver petition, or the general CC-1414. Both ask for your income, assets, dependents and unusual expenses so the court can decide; there’s no single published income cutoff on the form itself, so let the numbers speak and ask the clerk if you’re unsure whether to apply.
Use Virginia’s own Circuit Court Fee Calculator for your specific locality’s current total — filing fees are set partly by statute and partly by local courthouse and technology surcharges, so they genuinely differ court to court.
What this is. A guide to Virginia’s own process, built from the Code of Virginia (Title 20, Chapter 6 — including §§20-91, 20-97, 20-106, and 20-121.03; and Title 8.01, Chapter 7 — §8.01-275.1), the Rules of the Supreme Court of Virginia (Rules 3:8), the Virginia Judicial System’s Circuit Court forms and self-help pages at vacourts.gov and selfhelp.vacourts.gov, the Office of the Executive Secretary’s statewide circuit court fee schedule, and publicly posted self-represented-litigant packets from the Fairfax and Alexandria Circuit Courts. Every statewide form here is free from vacourts.gov and this kit links you to it rather than reselling it.
What this is not. The Cusp is not a law firm and does not practice law. Nothing here is legal advice, and nothing here tells you which choice is right for your particular situation — only what Virginia requires of each path. Virginia does not publish one single statewide packet of divorce pleadings the way some states do, so the exact local formatting and required attachments can vary by circuit; always confirm with your own clerk’s office before filing. If your case involves contested custody, a business, hidden assets, domestic violence, in-house separation, or a spouse with a lawyer, talk to a Virginia family law attorney — many offer a paid consult for less than the cost of a rejected filing and a restarted clock.
Where we couldn’t verify a number, we said so. The Virginia Department of Health’s VS-4 vital statistics report is required at filing but is generally supplied by the clerk’s office rather than posted for public download, so we didn’t invent a link — ask your clerk. Filing fee totals for jurisdictions other than Fairfax were not independently confirmed from an official source at the time this was written; use the state’s own fee calculator or call your clerk for the current number.
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Everything we have written about Virginia specifically. Every figure on these pages is quoted from Virginia’s own statute or its courts’ own published schedule, and carries the date we last checked it.
The most expensive mistakes in a divorce are made in the year after it, by people who thought the case was over. After the divorce is the checklist for that year — the health-coverage clock, the retirement order a decree cannot replace, and the beneficiary form that outranks your will.
Filing is one household becoming two, and the second one starts empty. The two-household list is what to send the people who keep asking how they can help — the second of everything, and the half of it that costs nothing. Some people call it a divorce registry.