Divorce

Divorce Information

To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you file for divorce. If there are children from the marriage, you must be separated a minimum of one year before you file for divorce.

If you choose to represent yourself, you will be expected to follow the same procedures as an attorney. Please do not ask court personnel for legal advice or assistance. Court personnel are prohibited by state law from giving you legal advice or assistance. You are strongly encouraged to hire an attorney.

Pro Se Divorce Packet - English
Pro Se Divorce Packet - Spanish(PDF, 1MB)

The Divorce Complaint is filed in the Circuit Court, Civil Intake Division, along with the following:

• VS-4 State Statistical Form (available from the Civil Intake Division)

• • This form reports a divorce to the department of health division of vital records located in Richmond, Virginia. Only original Vital state forms will be accepted, vital state form must be completed from box 1-30 in BLACK INK ONLY.  The Vital State Form can be picked up in person at our office or requested by mail with a letter.
• Domestic Case Coversheet (available from the Civil Intake Division)
• Property Settlement Agreement (aka Separation Agreement):  is a form agreed upon and signed between both parties and must be notarized.

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• Privacy Addendum (Form CC-1426): This document contains personal identifiable information of both parties. It must be separate from all other documents to protect parties’ personal identifiable information.
• Affidavit: Written affidavits must follow the requirements to Virginia code  §20-106 and must be notarized.
• Civil Fees - All fees are payable to the Clerk of the Circuit Court by cash, cashier's check or money order.  Personal checks are not accepted. There is a 4% convenience fee for use of the credit card.
• • $91 Filing Fee - fee required to file a Divorce Complaint
  • Service Fee
  • • If the Defendant resides in Virginia, you may serve them through the Office of the Sheriff, for a fee of $12.
    • If the Defendant does not reside in Virginia, you must make arrangements to have the documents served.
    • If the Defendant is willing to accept service of the documents, you may have the documents mailed to you

   

  • If service is not needed, then a waiver of service can be submitted (Form CC-1406) Instructions can be found here.

After the divorce is final, you may request a certified copy of your Final Decree of Divorce by emailing civil-docrequest@arlingtonva.us, coming in person or sending a written request mail at 1425 N. Courthouse Road Suite 6700 Arlington, VA 22201. Each page is $0.50 and the certification is $2.00

Helpful Links:

- Virginia Do-it-Yourself Divorce Instructions | VaLegalAid.org - A guide to free and low cost civil legal information and services in Virginia

-Circuit Court Civil Forms (vacourts.gov)

-Home | Virginia Judicial System Court Self-Help (vacourts.gov)