Free Virginia family law information

Filing in circuit court

Divorce cases in Virginia are heard in circuit court, not the Juvenile & Domestic Relations district court that handles many other family matters. To file, at least one spouse must generally have been a resident of Virginia for six months, and the complaint is typically filed with the circuit court clerk in the county or city where the parties last lived together or where the other party lives. The court's forms, filing fees and local practices vary by locality — the court locator can help identify the right courthouse.

How long spouses must be separated

The most common route requires spouses to be separated — living separate and apart without cohabitation — for at least twelve months. That period generally drops to six months where the parties have a signed separation agreement and no minor children. Fault-based routes under Va. Code § 20-91 work differently; our guide tothe recognized reasons for divorce in Virginia walks through each one.

The divorce process, from complaint to final decree

After one party files the complaint, the other party is served and may respond. An uncontested divorce — where the spouses agree on everything — can often be resolved on the papers, sometimes without either spouse setting foot in a courtroom. Contested cases may involve discovery, negotiation or mediation, and ultimately a hearing where a judge decides the disputed issues. Either way, the marriage ends only when the judge signs the final decree of divorce.

Equitable distribution: what happens to property

Virginia divides marital property under equitable distribution — equitable meaning fair, not necessarily equal. Many divorcing couples resolve property, debts and support in a property settlement agreement rather than leaving those questions to the court; a signed agreement is commonly affirmed and incorporated into the final decree.

Alimony, support and everything else

A Virginia divorce can also address alimony (which the statutes call spousal support and maintenance), the child support guidelines worksheet, and arrangements for children — each covered in its own topic overview above. Annulment, a different remedy that treats the marriage as invalid rather than ended, is rarer than many people expect and has its own requirements.

Every summary on this page is general information, not legal advice — for a specific situation, a licensed Virginia lawyer is the right place to take it. Theglossary explains the recurring vocabulary (uncontested divorce, equitable distribution, pendente lite and the rest) in plain English.

Divorce forms, paperwork and where to get help

Virginia's courts publish the divorce forms most cases need — the complaint, the final decree, the VS-4 statistical form, and financial disclosures — and clerks can tell you which forms a particular courthouse expects, though they cannot give legal advice. In an uncontested case many people file the paperwork themselves; contested cases, or any case involving significant property or support questions, are commonly where a lawyer earns their fee. Courts generally expect complete, accurate forms the first time — judges see a lot of paperwork, and incomplete filings are a common reason cases stall.

If cost is the barrier, Virginia's legal aid programs help eligible spouses file for divorce, and some courts run self-help centers for people representing themselves. Ourlegal aid and low-cost help page lists the starting points, and the topic overviews above cover what courts decide about a marriage's property, support and children in more depth.