VA

How to File for Divorce in Virginia Without a Lawyer

Complete step-by-step guide to filing for divorce in Virginia without an attorney. Save thousands in legal fees.

Overview: Filing for Divorce in Virginia Without a Lawyer

Virginia requires 6-month residency and has separation requirements (6 months without children, 1 year with children). The state uses equitable distribution and offers both fault and no-fault grounds.

Can You File Without a Lawyer in Virginia?

✓ Good Candidates for DIY Divorce:

  • Met separation requirement
  • Both agree on divorce
  • Property settlement signed
  • No custody disputes
  • Both cooperate

⚠ Consider Hiring a Lawyer If:

  • Fault grounds contested
  • Complex property
  • Military pension division
  • Custody disputes
  • Spousal support disagreements

Find Virginia Divorce Lawyers →

Step-by-Step: How to File for Divorce in Virginia

Step 1

Separate Required Time

6 months if no children, 1 year if children (with separation agreement).

⏱ Estimated Time: 6-12 months
💡 Tips:
  • Document separation date clearly
  • Sign separation agreement
  • Must live apart continuously
Step 2

Verify 6-Month Residency

One spouse must be Virginia resident for 6 months.

⏱ Estimated Time: N/A
💡 Tips:
  • VA driver's license
  • Voter registration
Step 3

File Bill of Complaint

File for divorce with circuit court.

⏱ Estimated Time: 2-3 hours
💡 Tips:
  • Filing fee: $80-100
  • Must state grounds
  • Include separation agreement
Step 4

Serve Spouse

Serve complaint via sheriff or process server.

⏱ Estimated Time: 1-2 weeks
💡 Tips:
  • Sheriff service available
  • Spouse can waive service
Step 5

File Affidavits

Submit required affidavits and settlement.

⏱ Estimated Time: 2-4 hours
💡 Tips:
  • Property settlement affidavit
  • No children affidavit if applicable
Step 6

Request Final Decree

Submit ore tenus motion or final decree request.

⏱ Estimated Time: 1-2 hours
💡 Tips:
  • May not need hearing
  • Judge can sign without appearance
Step 7

Receive Final Decree

Court issues Final Decree of Divorce.

⏱ Estimated Time: 2-6 weeks
💡 Tips:
  • Request certified copies
  • Effective immediately

Required Forms for Virginia Divorce

Bill of Complaint for Divorce (CC-1411)

Required

Property Settlement Agreement (Custom)

Required

Final Decree of Divorce (CC-1410)

Required

Note: Always use the most current forms from your state's court website. Forms may be updated periodically.

Cost Breakdown for Virginia DIY Divorce

💰 DIY Divorce

$92-175
  • Filing fee: $80-100
  • Service fee: $12-75
  • Misc costs: $25-$100

👔 With Attorney

$3,000-20,000

Includes attorney fees, court costs, and filing fees for uncontested to contested cases

For detailed cost breakdown including attorney fees and scenarios: View Virginia Divorce Costs →

Common Pitfalls to Avoid

1

Filing before separation period complete

2

Unsigned or incomplete separation agreement

3

Not addressing all property

Frequently Asked Questions About Virginia DIY Divorce

Can I file for divorce without a lawyer in Virginia?

Yes, especially if you have a signed separation agreement. Virginia's procedures are moderately complex but manageable for uncontested cases.

Do I need to be separated before divorcing in Virginia?

Yes, Virginia requires 6 months separation without minor children, or 1 year with minor children (if you have signed separation agreement).

Need Professional Help?

While DIY divorce can save money in Virginia, consulting with an attorney can help you understand your rights and avoid costly mistakes.

Find Virginia Divorce Lawyers Questions to Ask a Lawyer