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.
Which forms do you actually need?
Your route and its conditions, the forms grouped by route, how filing actually works in Virginia, and the sequence with its costs.
First, which route you are on. Each one opens to the conditions the rule actually sets.
The six-month track
Va. Code §20-91(A)(9)(a); affidavit route at §20-106(A)(i)
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.
The one-year track
Va. Code §20-91(A)(9)(a); §20-106(A)(i) and §20-106(A)(iii)
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.
Grouped exactly as Virginia labels them. 6 of 7 link straight to the official PDF; the rest are listed by number so you can find them in the state’s own catalog.
All 3 forms
All — where the filing fee is a hardship 1 form
- CC-1421 — Petition for Proceeding in a No-Fault Divorce Without Payment of Fees or Costsstate form
Where the other spouse waives service 1 form
- CC-1406 — Acceptance of Service & Waiver of Future Service of Processstate form
Virginia does not let you e-file this yourself on the statewide system
The checklist is not something you file. It is your worktable — what to do, in what order, and what it costs. The forms are what reaches the court, and this is how they get there in Virginia.
- Portal
- Virginia Judiciary eFiling System (VJEFS)
- Paper
- Required of you on the statewide system. File with the circuit court clerk for your county or city. A few circuits run their own portals under Rule 1:17(b)(3), so ask your clerk whether yours does.
- What it costs
- Nothing to you, because you cannot use it for a divorce.
- 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."
Each step with the forms it names and the money it costs. The full detail of every step is in the section below. Print this part.
| # | Step | Forms it names | Cost |
|---|---|---|---|
| 1 | Confirm your date and your residency | None named | — |
| 2 | Assemble your packet | CC-1426CC-1416 | — |
| 3 | File with the clerk and pay the fee | CC-1421 | $83–$94 |
| 4 | Serve your spouse, or have them waive it stay timely within 12 months | CC-1406 | $12 |
| 5 | Wait out their response window 21 days after service | None named | — |
| 6 | Sign your affidavit, in front of a notary | None named | — |
| 7 | Submit for the judge’s signature | None named | — |
Every figure here is this page’s own, from the costs section below. A fee waiver application is free to file and is listed with the forms above.
| Total divorce filing fee, across all 120 circuit courtsVirginia’s own Circuit Court Fee Calculator, every court queried 27 September 2026, Divorce case type, no sheriff service, $0 suit amount. Most courts charge $89 or $94. | $83–$94 |
| Statutory clerk’s fee (Va. Code §17.1-275(A)(26)) — a component, not the fee you payThe statute sets $60, of which $10 is apportioned to the Courts Technology Fund. The $50 that appears on clerks’ schedules is Account Code 304 alone. | $60 |
| Fairfax, Arlington, Alexandria, Norfolk, Henrico, Lynchburg, Winchester and Richmond (city) | $94 |
| Virginia Beach, Chesterfield and 24 other courts | $89 |
| Amherst, Essex, Northumberland and Roanoke County — the only four courts at the statewide core | $83 |
| 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, uncontestedThe floor is the filing fee itself, in a court at $83 where your spouse accepts service without the sheriff. | $83–$160 |
| 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+ |
The short version9 points · tap one to jump to it
- 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.
- Every form Virginia publishes for a divorce — The Cusp is not a law firm and cannot tell you which forms are right for your case.
- 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.
- Your deadlines, calculated — Almost everything here counts from the day you and your spouse started living separately — not from the day you file.
- 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.
- The order it actually happens in
- The Affidavit — what §20-106 requires it to establish — This sworn statement is what lets most uncontested Virginia divorces skip a courtroom entirely.
- The rejection-proofing checklist
- What this costs — File CC-1421, the divorce-specific fee waiver petition, or the general CC-1414.
In this subject 9
1 · The two tracks, and what the rule requires
The short version9 points · tap one to jump to it
- 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.
- Every form Virginia publishes for a divorce — The Cusp is not a law firm and cannot tell you which forms are right for your case.
- 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.
- Your deadlines, calculated — Almost everything here counts from the day you and your spouse started living separately — not from the day you file.
- 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.
- The order it actually happens in
- The Affidavit — what §20-106 requires it to establish — This sworn statement is what lets most uncontested Virginia divorces skip a courtroom entirely.
- The rejection-proofing checklist
- What this costs — File CC-1421, the divorce-specific fee waiver petition, or the general CC-1414.
In this subject 9
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 $83–$94 depending on the circuit 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.
Virginia: the statewide portal has no door for you, and the rule is not contradictory after all Closed to you
- Who may e-file
- Attorneys and their registered staff, on the statewide system. Rule 1:17(d)(2) entitles “each attorney admitted to practice in the Commonwealth” to a filing User ID, and the rule is silent about anyone else rather than prohibitory. What fills that silence is the portal itself: the VJEFS terms of use define an organization as a law firm, government agency or private entity, an attorney user as someone who “must be an active member of the Virginia State Bar and part of a registered organization,” and a staff user as “any non-attorney staff person, e.g., paralegal, who is part of a registered organization.” There is no third thing to register as.
- Paper
- Accepted — file with the Circuit Court clerk for your county or city.
- Worth knowing
- We had this rule wrong, and the correction is worth reading. We previously said Rule 1:17 appears to contradict itself, because 1:17(c)(5) refers to “parties appearing pro se, who have complied with the registration requirements to use the electronic filing system.” It does not contradict anything. That subsection sits under the heading “(c) System Operational Standards” and its own clause reads “Remote electronic access to documents submitted in an electronically filed case and stored electronically will be limited to” the listed people. It is a list of who may view the electronic file, not of who may file into it. We had quoted a fragment of the sentence and not the sentence.
Two things still genuinely open. Rule 1:17(b)(3) lets a circuit run “an alternative which meets the standards set forth in this Rule,” and Fairfax and Virginia Beach do — neither is on the VJEFS list of 69 participating circuit courts, and we could not confirm either way whether their own portals admit a self-represented filer. And even where a pro se party can register, Rule 3:3(b)(1) makes designating a case as electronically filed depend on “the consent of all parties in the case,” which a petitioner cannot supply alone.
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 |
|---|---|
| Total divorce filing fee, across all 120 circuit courts Virginia’s own Circuit Court Fee Calculator, every court queried 27 September 2026, Divorce case type, no sheriff service, $0 suit amount. Most courts charge $89 or $94. | $83–$94 |
| Statutory clerk’s fee (Va. Code §17.1-275(A)(26)) — a component, not the fee you pay The statute sets $60, of which $10 is apportioned to the Courts Technology Fund. The $50 that appears on clerks’ schedules is Account Code 304 alone. | $60 |
| Fairfax, Arlington, Alexandria, Norfolk, Henrico, Lynchburg, Winchester and Richmond (city) | $94 |
| Virginia Beach, Chesterfield and 24 other courts | $89 |
| Amherst, Essex, Northumberland and Roanoke County — the only four courts at the statewide core | $83 |
| 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 The floor is the filing fee itself, in a court at $83 where your spouse accepts service without the sheriff. | $83–$160 |
| 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.
Does cheating change the money in Virginia?
Yes, unless denying support would be a manifest injustice. The rule: “no permanent maintenance and support shall be awarded from a spouse if there exists in such spouse’s favor a ground of divorce” (§ 20-107.1(B)). How all fifty states answer this.
Reconciled, and it did not work? In Virginia that has a legal name and it can bar the ground outright: condonation, state by state. If the decision itself is what you are sitting with rather than the law, start here.
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 guide 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 have since been confirmed for all 120 circuit courts from Virginia’s own Circuit Court Fee Calculator, most recently on 6 October 2026, and against the Office of the Executive Secretary’s Circuit Court Fee Schedule (Rev: 07/26), whose DIV Divorce row reads $89.00. What is still not confirmed is whether the four courts returning the $83.00 statutory floor have no local law library or courthouse maintenance ordinance, or whether the calculator simply has nothing on file for them; call your clerk for the current number.
Four things can happen to the house in a Virginia divorce
Virginia is not one of the twenty states where filing freezes both spouses automatically. That is not permission to sell: either of you can still ask a court for an order, and one may already exist in your case. But the automatic-order trap is not one you fall into here.
One of you buys the other out, you sell later, you sell now, or the court decides. For a great many people the right answer is not to sell at all – and three of the four routes earn us nothing.
The four routes, compared · Keeping it: the buyout and the carrying cost · Selling: capital gains, basis and timing · Finding an agent who has done a divorce sale · What two households cost
Need a vetted attorney, mediator, or financial analyst in Virginia?
Browse The Cusp’s professional directory — rated only by verified clients, never ranked by who paid the most.
Browse the directory →The Cusp · All 50 state kits · Find a professional · About
Ask for an introduction to an agent → — who we would introduce you to, what the referral fee is and who pays it, and why the answer is sometimes that you should not sell at all.
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.
- Modifying support after divorce
- Modifying custody and parenting time after divorce
- Check your state’s rules in one place (modification checker)
- What it costs to file
- Child custody
- Child support
- Guardians ad litem and child representation
- Travel, custody and relocation
- Alimony
- Property, support and legal fees
- Protective orders
- Changing your name back
- Legal help you can afford
- Verified professionals
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.
All 11 Virginia divorce forms, listed by the number the clerk will ask for — 7 with an official form number, 10 linked straight to the state’s own file, each with its revision date where the state publishes one. Open the Virginia form list →
Common questions about filing for divorce in Virginia
Short answers to what people ask most before they start. Each one points at the part of this page that covers it in full.
How do I file for divorce in Virginia?
This page sets out the order it happens in for Virginia: which form opens the case, what has to be served on the other person and when, and what the court needs before it will finish. It is written to be followed in sequence rather than read through.
What forms do I need to file for divorce in Virginia?
The form list on this page gives the official Virginia form numbers, each one’s revision date, and a link to the copy on the court’s own site rather than a copy hosted here. Using a superseded revision is one of the most common reasons a filing comes back, which is why the dates are shown.
How much does it cost to file for divorce in Virginia?
$83 – $94 to open the case, and that is only the filing fee — it does not cover service, copies, any required class, or a lawyer. The full breakdown for Virginia, with every figure traced to the court’s own published schedule and dated, is at what it costs to file in Virginia.
What gets a Virginia divorce filing rejected?
This page has a section on exactly that — the specific mistakes that get a filing returned in Virginia rather than a general list. Most of them are procedural and cost weeks rather than money: the wrong form revision, a missing signature or notarization, service done in a way the state does not accept, or filing before a residency requirement is met.
How long does a divorce take in Virginia?
There is a timeline on this page built from Virginia’s own statutory day-counts, not from averages. The honest short answer is that the waiting period is a floor and not a prediction: an uncontested case can finish close to it, and a contested one is governed by the court’s calendar rather than the statute.
Where does the information on this page come from?
Virginia’s own courts and statutes. Every form links to the court’s site, every fee is quoted from the published schedule with the date it was last checked, and where something could not be confirmed from an official source this site says so instead of estimating. It is free, with no account and no paywall.
Does cheating change the money in Virginia?
Usually, with an escape hatch the other four do not have. Permanent maintenance and support is barred where the other spouse has a ground of divorce — but a court may award anyway on clear and convincing evidence that denying support would be a “manifest injustice.” Note it reaches permanent support only. The fifty-state table sets out the section this comes from, and the card higher up this page quotes your state’s own words.
Choosing an agent for a divorce sale is a different problem from choosing one for an ordinary sale: who the agent is allowed to talk to, who has to sign, what happens when one of you will not, and the three separate conflicts of interest that come up when one spouse found the agent first. How to choose a real estate agent for a divorce sale sets out what to ask, and how to check a credential yourself — no divorce credential is official with the National Association of Realtors.
The Cusp receives a referral fee from agents it vets and trains to handle divorce clients.
Key deadlines at a glance
These are the same deadlines the calculator above works out, shown as days counted from the day you file or the day your spouse is served. Use the calculator for your exact dates.
Six-month (no kids + signed agreement)
| Step | When | What it means |
|---|---|---|
| Complaint filed | The day you file | Your case officially commences. |
| Spouse served, or waiver signed | The day your spouse is served (or signs a waiver) | Their response clock starts here — not from your filing date. |
| Their responsive pleading is due | 21 days after service | Rule 3:8(a) — 21 days after service (60 days if service was by mailed waiver request, 90 if addressed outside Virginia). |
| Last day service is presumed timely | 365 days after filing | Va. Code §8.01-275.1 — 12 months from filing, absent a court finding of due diligence for a later service. |
One-year
| Step | When | What it means |
|---|---|---|
| Complaint filed | The day you file | Your case officially commences. |
| Spouse served, or waiver signed | The day your spouse is served (or signs a waiver) | Their response clock starts here — not from your filing date. |
| Their responsive pleading is due | 21 days after service | Rule 3:8(a) — 21 days after service (60 days if service was by mailed waiver request, 90 if addressed outside Virginia). |
| Last day service is presumed timely | 365 days after filing | Va. Code §8.01-275.1 — 12 months from filing, absent a court finding of due diligence for a later service. |
Your county
Divorce rules are set by the state, but each county or court has its own forms, deadlines, classes and filing habits. Choose yours.
Or go straight to your county or court:
Chesterfield County (call to confirm)Fairfax CountyLoudoun County (call to confirm)Prince William CountyRichmond City (call to confirm)Virginia Beach (call to confirm)Chesterfield County Call or check the court website to confirm
Chesterfield’s clerk says it does not accept case-related filings by internet, email or fax; filings go by mail, courier or hand delivery. Divorce matters are handled by the Circuit Court Civil Division. The page does not describe divorce steps, fees or forms, so check with the clerk.
Who to contact: Circuit Court Clerk, 9500 Courthouse Road, Chesterfield, VA 23832; 804-748-1241; Civil Division 804-717-6981, CCCCivilDivision@chesterfield.gov; 8am-4pm Mon-Fri
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Fairfax County
Fairfax divorces are filed at the Civil Intake Division with the VS-4 form and a Domestic Case Coversheet, and every divorce is placed on the court’s Domestic Track. The court and local bar offer a Pro Se Divorce Package. Fees are paid by cash, cashier’s check or money order (personal checks are not accepted), and a credit card carries a 4% fee. Filing through the court’s own FSX portal is optional and does not require a lawyer.
Who to contact: Circuit Court, 4110 Chain Bridge Road, Fairfax, VA 22030; (703) 691-7320 (TTY 711); Mon-Fri 8AM-4PM
Where this comes from
- https://www.fairfaxcounty.gov/circuit/civil-case-information/divorce
- https://www.fairfaxcounty.gov/courts/circuit/divorce
- https://www.fairfaxcounty.gov/circuit/online-services/court-records-electronic-filing-system
- https://www.fairfaxcounty.gov/circuit/sites/circuit/files/Assets/Documents/PDF/pro-se-divorce-procedures-brochure.pdf
Last checked 2026-11-10. Tell us if this is out of date
Loudoun County Call or check the court website to confirm
Loudoun’s court page says it hears divorce cases and that its local rules were replaced effective July 1, 2026. It links e-filing and legal aid pages, but divorce steps and fees could not be confirmed. Check with the clerk.
Who to contact: Clerk’s Office 703-777-0270; fax 703-737-8549; Mon-Fri 8-4; judges’ chambers 18 E. Market Street, Fourth Floor, Leesburg, VA 20178
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Prince William County
Prince William publishes two divorce packets, one for six-month separation and one for one-year separation, plus a Private Addendum. Uncontested ore tenus hearings are held on the first and third Thursday of each month at 9 AM, usually two to three months after filing. The court lists specific fees, such as $89 to file and $12 per person served. It points to Northern VA Family Service for a parenting class. Its VJEFS e-filing is for bar members and their staff.
Who to contact: Circuit Court Clerk’s Civil Office, Room 314, 9311 Lee Avenue, Manassas, VA 20110; county line (703) 792-4311 (TTY 711)
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Richmond City Call or check the court website to confirm
The Richmond clerk’s civil page read had no divorce steps, fees or clerk phone. Richmond City is listed as a VJEFS participant, but that system is for bar members and their staff. Check with the clerk for how to file.
Who to contact: City of Richmond Customer Service 804-646-7000 or 3-1-1 (no direct clerk number shown)
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Virginia Beach Call or check the court website to confirm
Virginia Beach’s clerk posts fillable uncontested divorce forms and a Friday motion hearing notice on its court procedures page. Details on fees, parenting classes and e-filing could not be confirmed, so check with the clerk.
Who to contact: Clerk of Circuit Court (procedures) 757-385-4186; 2401 Courthouse Drive, Virginia Beach, VA
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Not listed? Your county clerk of court can tell you the local rules. These are general information from court and clerk pages, last checked 2026-11-10, not legal advice.
Serving the papers in Virginia? Sheriff, a private process server, or an adult 18 or older who is not a party; not you. Deadline: 12 months. (As we read the rules on 29 October 2026.) See who can serve a divorce summons and whether you can do it yourself, and find Virginia in our state-by-state serving table.
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How we can help
Understand the house first. Then talk to someone who gets it.
The house is usually the largest decision in a divorce, and the one people are least ready for. Here is what we do, in the order that makes sense.
1. Start with the facts, free
22 states have automatic orders that freeze both spouses the moment a divorce is filed, barring either one from selling or borrowing against the property. Is yours one of them?
Plain-English guides on what can happen to the house, what an automatic order stops you doing, and how the tax rules decide what a sale is worth. No account and nothing to buy.
- The four things that can happen to the house
- Selling the house: who signs, and the tax rules
- Keeping the house: the buyout and the carrying cost
2. Know when not to call an agent
Often the right answer is to wait, or to talk to your lawyer or an accountant first. We say so plainly. An agent is the wrong first call if nothing is filed, or if an order restricts what either of you can do with the property.
3. Talk to someone who gets it
When you do need an agent, we introduce you to a local agent who has completed our divorce real estate training and passed its 20-question exam. Before any introduction we check the license with the state regulator (any unresolved disciplinary action is a no), the agent’s closed sales, and a review rating of 4.7 or better. The introduction is free, and you are free to say no.
Ask for an introductionHow we are paid
You pay us nothing. Agents are not charged for the training, the exam or the free resources. If an introduction leads to a closed sale, the agent’s brokerage pays a referral fee out of its own commission, not out of your proceeds. A place on the panel cannot be bought.
General information, not legal or tax advice. The Cusp is not a law firm.
Selling a home in a divorce: what to ask a local listing agent
Selling the house is often the largest single decision in a divorce. These questions help you judge whether an agent has done it before. They do not replace your lawyer, who should approve the plan before anything is listed.
- Have you sold homes where both spouses had to sign, or where a court had to approve the sale? How many, and how recently?
- Does filing already restrain a sale in my state? Check the 50-state table and ask my lawyer before we sign anything.
- Who decides on price changes and which offers to accept when we disagree, and how will that be written down?
- Who pays the mortgage, taxes and insurance until closing, and what does the listing agreement say about it?
- Where will the sale proceeds be held until the decree says who gets what?
- How will you handle showings, access and lockboxes if we are not speaking?
- Will you give both spouses and both lawyers the same information at the same time?
- What happens to the listing agreement if we settle, reconcile or the case is delayed? What are the cancellation terms?
- Can I have your fee terms in writing and the names of past clients who sold during a divorce?