How do I file for divorce in Virginia?

Virginia divorce is governed by Va. Code Title 20, Chapter 6.

1. Residency Requirements — At least one spouse must have been a Virginia resident and domiciliary for 6 months before filing.

2. No-Fault Grounds — Living separate and apart without interruption for 1 year. The period is reduced to 6 months if the parties have no minor children and have entered into a written Property Settlement Agreement.

3. Fault Grounds — Adultery, sodomy, or buggery (immediate filing); cruelty, willful desertion, or abandonment (after 1 year); felony conviction with 1+ year sentence (immediate).

4. Required Forms — Complaint for Divorce, Cover Sheet for Filing Civil Actions (CC-1416), VS-4 Vital Statistics form, and Acceptance/Waiver of Service if uncontested.

5. Filing Fee — Approximately $86–$95 plus service fees. Petition for Proceeding in Forma Pauperis available.

6. Service of Process — Sheriff or private process server. Respondent has 21 days to answer.

7. Property Division — Virginia is an equitable distribution state. Courts classify property as marital, separate, or hybrid, then divide marital property equitably based on 11 statutory factors.

8. Corroborating Witness — Virginia requires at least one witness besides the parties to corroborate the grounds for divorce, typically the separation date.

9. Final Decree — A Final Decree of Divorce (often called a Decree of Divorce A Vinculo Matrimonii) entered by the Circuit Court ends the marriage.

This is legal information, not legal advice.