Step 1:

Make sure Virginia is the right state for filing a divorce

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To file for divorce, one spouse must have lived in Virginia and considered it to be their home for 6 months before the filing.



Make sure that at least one of the spouses has this connection to Virginia.

Step 2:

Decide if you want a 'No-Fault' divorce

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You can get a No-Fault divorce if you have been separated for a long enough time. Or you can file for a Fault divorce if you can prove specific 'fault' grounds.

For Fault Divorce in Virginia:

To file for a Fault Divorce, you will need to prove that one of these situations exist:

• Adultery or other sexual acts outside the marriage;
• Felony conviction with a sentence of at least 1 year and some imprisonment;
• Abandonment or willful desertion; or
• Reasonable fear of bodily harm.

If you choose to file for a divorce based on Fault, then you will have to show proof in court that one of these situations has happened. Your spouse can also raise some defenses against it.

If you file for a divorce based on a fault, then you might get a different division of property or alimony. Talk to a lawyer to understand more about your option.

For No-Fault Divorce: Make sure you have waited long enough after separation.

To file for a "no-fault divorce", you must be separated from your spouse for either:

• 6 months of separation if you don't have minor children (under 18), or if you have a written agreement about the division of property and spousal support (sometimes called a Property Settlement Agreement, or a Separation Agreement)
• 1 year of separation if you do have minor children, or if you do not have a written agreement about settlement

It's possible to establish that spouses have separated even if they continue living in the same house. But it's easier to establish the separation if the spouses live apart.

Optional:

Get started on Custody, Visitation, and Financial Support

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While you are in the separation period, you can start working on custody, visitation, child support, and spousal support issues.

You may petition the Juvenile and Domestic Relations District (J&DR) Court in your jurisdiction to get started on making plans for these topics of children, money, and other support. 

Ideally, you and your spouse can make a written agreement about custody, visitation, and support. If you're unable to agree, the court has the power to make decisions about these issues. 

Learn more about custody & visitation at our legal help guide about these topics.

Or jump to the specific steps in this guide to take to request child support or to request spousal support.

Step 3:

See if you can do a DIY Divorce

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If you and your spouse have resolved custody, visitation, child and spousal support, and division of property and debt, then you might be able to go through a Do It Yourself (DIY) Divorce online form. 

This means you can get the divorce without hiring a lawyer. You will also have less interaction with the court.

Find the Do It Yourself divorce interactive program at VALegalAid.org, that you can use for free.

Step 4:

Find the right Circuit Court to start your case

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You will have to file a divorce complaint in the right Virginia Circuit Court. It should be in the city or county where you or your spouse lives. Look up your local Circuit Court here.

You will complete the divorce complaint, pay fees to the court for filing, and make sure the court will accept it.

Then you will have to make sure your spouse is served with the complaint and the summons. These papers should come from a third party, like a sheriff or a process server. This is to make sure your spouse gets legal notice of the divorce lawsuit, and that they can see your complaint.

Step 5:

Follow the court process until you finalize the divorce

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Once the case is filed with the court, then the court will set the process. You have to follow this process whether you have a lawyer or not.

The court process will change depending on whether you and your spouse can decide on key issues. If there are disagreements about finances, custody, or other issues, then the court process will be more complicated.

Even if you do agree, you and your spouse will need to get an official settlement agreement.

Talking to a lawyer can help you understand your options, and the consequences of a settlement. You and your spouse cannot share the same lawyer.

What are the legal reasons you can get divorced in Virginia?

A person seeking to divorce his or her spouse must first have a legal basis for doing so. There is one choice divorcing spouses must make: to go for a No-Fault divorce, or Fault-related divorces.

Option 1: No-Fault Divorces. Most parties in Virginia choose to proceed with a no-fault divorce. 

Other Options: Virginia also allows people to claim that the other party is at fault because of cruelty, adultery, or desertion.  

How do I start a divorce in Virginia?

Divorces are heard in Virginia's Circuit Courts. They begin when one spouse files a Complaint for Divorce.

To file for divorce, one spouse must have lived in Virginia and considered it to be his or her home for six months before the filing.

How long must couples be separated before filing for divorce?

For a no-fault divorce, you must be separated for either six months or one year before filing. It is possible to establish a separation while continuing to live in the same house. But it may be easier to establish the separation if the parties live apart.  

If you do not have children and have a written agreement as to the division of property and payment of spousal support, commonly known as a Property Settlement Agreement or Separation Agreement, one of you can file for divorce after a six-month separation, otherwise the parties must wait a year.  

If you have minor children, you must first be separated for one year before filing for divorce. During this separation period, you may petition the Juvenile and Domestic Relations District (J&DR) Court in your jurisdiction to resolve custody, visitation, child support and spousal support issues.  

Who will decide about custody, payments, and other issues?

You and your spouse can try to come up with an agreement together about issues like:

• custody and visitation of children,
• payment of child and spousal, and
• fair distribution of your property and debts.

If you have disputed issues with your spouse and are unable to resolve them in a written agreement, the Circuit Court has the power the make decisions regarding custody and visitation of the children, payment of child and spousal support and equitable distribution.

Equitable Distribution is intended to be a fair division of marital property and debt.   

Are there DIY divorce options in Virginia?

If you and your spouse have resolved the following issues, then you might be able to go through a Do It Yourself Divorce online form. You should have a written document reflecting your agreement on these matters, or relevant orders from the J&DR court.

This agreement should cover issues like:

• custody,
• visitation,
• child support and spousal support, and
• the division of your property and debt

If you have this written agreement, you can prepare the court documents you need for a DIY No-Fault Divorce at this link: https://lawhelpinteractive.org/Interview/GenerateInterview/7636/engine

Will a child support court case be held in Virginia if the other spouse doesn't live here?

Even if the individual who will pay support does not live in Virginia, the case can proceed as long at the child lives here. 

What will determine how much child support will be owed?

Both J&DR and DCSE are required to use guidelines developed by the Virginia legislature to establish the support order, although there can be deviations from these guidelines in extraordinary circumstances. 

Support orders are modifiable if either party can demonstrate a material change of circumstances.

How can I get a child support order from Virginia courts?

Virginia J&DR courts may enter a support order after a party files a petition for support. You can schedule an appointment with JDR intake to file a petition: http://www.fairfaxcounty.gov/courts/jdr/jdrsupport.htm. 

Ultimately, the judge will enter a support order after a trial. 

It can take a long time to get a trial date in Fairfax JDR, so you may consider requesting temporary child support from the court:   http://www.fairfaxcounty.gov/courts/jdr/documents/praecipe-notice.pdf. 

How can I open a child support enforcement case with DCSE?

You can apply online for help with getting child support at Virginia's DCSE at this portal. Or, go straight to your preferred application:

• Online form you can fill out on a website to get started with a child support enforcement application.
• English language PDF application: an English-language paper form to apply for child support enforcement
• Spanish language PDF application: a Spanish-language paper form to apply for child support enforcement

DCSE is a division of Virginia Department of Social Services responsible for establishing administrative support orders. Their phone number is 1-800-468-8894.

You may file an application with DCSE even if you elect to proceed with a J&DR support case.

When does someone get spousal support?

Spousal support tends to be awarded when there is a significant disparity in the amounts that the spouses are earning and for spouses who have had a long marriage.

This is because spousal support in Virginia is usually intended to be rehabilitative. In other words, it is supposed to help a lower-earning spouse get back on his or her feet after supporting the career of the higher-earning spouse. 

Spousal support can be awarded as part of a contested divorce or in J&DR Court.

How do I start a spousal support case?

You can start a spousal support case in Virginia Juvenile & Domestic Relations district courts by filing a petition. 

Find your local J&DR district court at this page, with links to each local court.

The local J&DR district court can provide you more information about how to file a spousal support petition.

After you file the petition, there will be a trial with the other spouse as the opposing party.

How much spousal support will the court order?

The court will use the Virginia legal guidelines to decide how much financial support to order.

Once the trial is over, the judge may possibly enter a support order. 

The court is required to follow guidelines set up by Spousal Support Statutes, when they decide how to set up support payments.

In some cases, there may be a compelling reason for the court not to follow the guidelines. You can ask the court about this.

How can I get temporary spousal support?

You can file for temporary spousal support with your Juvenile & Domestic Relations District Court (J&DR district court).

Find your local J&DR District Court at this Virginia court website.

Read more on Divorce, Child Support, and Spousal Support in Virginia

Find more online guides & services

These Virginia websites offer free guidance to understand your options & navigate the divorce process.

• Virginia Court Self-Help guide to divorce: https://selfhelp.vacourts.gov/node/8/divorce
• Virginia Legal Aid guides on specific kinds of divorces and questions about them: https://www.valegalaid.org/issues/family-and-domestic-and-sexual-violence/divorce
• For more information about child support in Virginia: http://www.dss.virginia.gov/files/division/dcse/parent_guardian_resources/guidance_procedures/cs_booklet.pdf. 

If you are in Fairfax County, Virginia

Find specific information for getting a divorce in Fairfax County:

• A Fairfax County Circuit Court webpage with information & key links https://www.fairfaxcounty.gov/circuit/civil-case-information/divorce
• A 'Pro Se Packet' for a person to go through a divorce without a lawyer: https://www.fairfaxcounty.gov/circuit/sites/circuit/files/assets/documents/pdf/pro-se-divorce-procedures-brochure.pdf

Family legal problem guides

Do you have issues with divorce, child custody, support, separation, or domestic violence? These guides can help.