Divorce Process
Filing Fees
Divorce without a lawyer
DIY-Divorce
Property Division
Division of Property

Online Divorce
in Virginia

Divorce in Virginia is quick and easy
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Do you know the location of your spouse?
Can you and your spouse agree to the division of property, debts and all child related issues?

Divorce Online in Virginia

Online divorce is a quick way to complete an application for an uncontested divorce in Virginia. This approach is absolutely legit and allows spouses to choose and fill out all the necessary documents from the comfort of their homes at their own pace. Moreover, it’s a chance to significantly reduce costs as an uncontested divorce allows spouses to proceed without a lawyer.

Spouses can’t get a divorce online in Virginia, but using VirginiaOnlineDivorce, they can make their case less complicated and confusing. The process is pretty straightforward. Spouses fill out an online questionnaire sharing the agreements reached. Then, within 2 business days, documents will be available to download, print, sign, and submit to the court.

Online divorce with VirginiaOnlineDivorce has many benefits, including:
  • No legal background is needed, as the questionnaire is written in plain English;
  • No hidden fees, as the system has a transparent pricing policy;
  • No time-wasting, as spouses don’t have to adjust to a lawyer’s schedule;
  • No searching for filing instructions, as the service provides a step-by-step guide on interacting with the court;
  • No stress from traditional document preparation as the platform offers a modern and smart solution.

How to Enjoy These Advantages?

First, spouses need to confirm that their divorce is uncontested. The case becomes uncontested after spouses reach mutual consent on all divorce-related issues, including property division, debts allocation, child custody, child support, alimony (also known as spousal support), etc. Typically, all the arrangements should be documented in the Marital Settlement Agreement.

If you and your spouse have no disputes, you can fill out a short qualification form to confirm it and answer the VirginiaOnlineDivorce online divorce questionnaire.

Compare Your Options for Filing for Divorce in Virginia

Divorce With a Lawyer

An option typically used by couples seeking a contested divorce.

  • Expensive process with hourly charges;
  • The lawyer’s schedule can delay the timeline;
  • Lengthy court battles cause unnecessary stress;
  • Time searching for a lawyer and checking their expertise;
  • Lawyers’ involvement doesn’t guarantee that both sides’ interests will be met.
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The premier uncontested divorce tool

Budget-friendly solution for an amicable divorce.

  • One flat fee with no hidden charges;
  • Only you decide when and where to fill out your paperwork;
  • You don’t need any special skills or knowledge to use the platform;
  • Ready-to-file documents are available for download within 2 business days;
  • State-specific filing instructions are provided.

DIY divorce

Cheap but time-consuming option for simple divorce cases.

  • Legal terminology makes document preparation confusing;
  • Selecting proper forms and filling them out independently requires much time;
  • The court can reject incorrectly completed papers;
  • Insufficient awareness of legal processes can lead to procedural mistakes;
  • Low cost doesn’t exclude possible expenses caused by the process complexity.

What Forms Do I Need to File for Divorce in Virginia?

Filing for an uncontested divorce in Virginia requires particular paperwork. The basic list of forms includes:

  • Bill of Complaint
  • Property Settlement Agreement
  • Cover Sheet for Filing All Civil Actions CC-1416
  • Acceptance of Service of Process and Waiver of Future Service and Notice CC-1406
  • Addendum for Protected Identifying Information - Confidential CC-1426
  • Child Support Guidelines Worksheet DC-640
  • Motion and Notice of Proposed Payroll Deduction Order for Support CC-1450
  • Monthly Income and Expense Statement
  • Vital Statistics Form VS-4

However, the forms may vary depending on the county.

Welcome to your online Virginia divorce guide
Qualify for divorce1
Provide your case details2
Get your papers3
File for divorce4

How to Fill Out Virginia Divorce Papers

Filling out divorce papers is a confusing process complicated by Virginia state requirements and laws. If the spouses decide to do it independently, they should follow these rules:

  1. Carefully study the list of divorce forms and legal terminology. Misunderstanding and misusing legal terms may cause mistakes.
  2. Prepare all the necessary information about the parties to the divorce, children, property, etc. It can be full legal names, birthdates, Social Security Numbers, wedding date and place, employment information, professional or occupational license information, name and address of insurance company, etc.
  3. If the forms contain requirements for filling them out, follow them strictly. These requirements may include ink color, writing format (block or capital letters), etc.
  4. Reread the completed documents for errors, typos, and incorrect information. Remember that any mistake in the paperwork can result in court rejection.
  5. Sign the documents and ask the second party to do the same if required.

Another way to prepare divorce documents is to use VirginiaOnlineDivorce. If the case is uncontested, the spouses can avoid the above process and select and complete divorce papers online without any hassle.

You just need to fill out our questionnaire and start the forms generation process. Within 2 business days, you can download completed documents from your account and filing instructions. The paperwork will comply with your case and meet Virginia standards. So this option for preparing documents is faster and easier than the traditional approach.

File for Divorce Online in Virginia Without a Lawyer

Divorce without an attorney is another option for spouses seeking an uncontested divorce in Virginia. The main requirement is the absence of disagreements.

The benefits of divorce without a lawyer include saving time and money. First, attorneys in Virginia charge an hourly fee of $280-$330. Moreover, depending on their expertise, the price tag can be higher. Secondly, spouses need to consider the lawyer’s workload and adapt to it, causing time delays.

Lawyer-free divorce requires spouses to take several steps:

  1. Spouses should negotiate all the aspects of their divorce and find solutions to satisfy both parties' interests. They need to agree on no-fault grounds for divorce and ensure no other disputes will arise later.
  2. Spouses also need to document all the agreements reached in a Divorce Settlement Agreement.
  3. Then the spouses need to start preparing documents. Without a lawyer, there are several ways to do it. The do-it-yourself approach is described above, but spouses also have the option to do it faster and easier using VirginiaOnlineDivorce. The two-step process involves filling out a questionnaire and downloading documents within 2 business days.
  4. Once spouses are ready to proceed, they can file their papers with the local court. Virginia has an e-filing option, but only State Bar members and their designated staff can file divorce online in Virginia. Spouses filing for an uncontested divorce independently need to do it offline.
Check if you qualify for an online divorce in Virginia
Get your ready-to-file Virginia divorce paperwork

Do-It-Yourself Divorce in Virginia

As the name suggests, do-it-yourself divorce is when the couple handles their case without outside help. It saves money and provides control over the proceedings. Typically, this option is used by couples pursuing an uncontested divorce and requires some steps to proceed:

Do-it-yourself divorce consists of several stages:

1. Qualify for an uncontested divorce.

Spouses need to agree on the divorce and negotiate the terms of their breakup. In addition, they need to state one of the following no-fault grounds for divorce:

  • Living separately without cohabiting for at least one year if spouses have minor children; or
  • Living separately without cohabiting for at least six months if spouses don’t have them.

2. Complete divorce forms.

The divorce forms list may vary depending on county rules and case specifics. That’s why spouses seeking a DIY divorce should check the required papers with the county court clerk.

The basic set of documents for initial filing include:

  • Bill of Complaint;
  • Property Settlement Agreement;
  • Vital Statistics Form VS-4.

Those, who don’t want to waste their time and energy, can use VirginiaOnlineDivorce to complete paperwork for an uncontested divorce online in Virginia quickly and effortlessly.

3. File the paperwork.

In Virginia, the filing spouse, also known as the plaintiff, can file the case with the local Circuit Court. Each couple needs to pay filing fees. In Virginia, it’s around $80-90. If the plaintiff can’t afford to pay, they can apply for a fee waiver.

4. Serve the defendant.

Serving means delivering copies of papers to the second spouse, known as the defendant. If both spouses agree, the defendant may accept service directly. They can do it by signing the Acceptance/Waiver of Service of Process and Notice form before a notary.

Other options include personal service by sheriff, substituted service, posted service, and service by publication. In this case, the Affidavit of Service must be provided to the court.

5. Finalize the divorce process.

The court may set a waiting period before finalizing the divorce. However, spouses can skip this step if the case is uncontested and no-fault and separation periods are met. If everyone’s interests are satisfied and all conditions are met, the judge signs a decree for divorce.

We provide you with:
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  • All Required Virginia State Forms
  • Virginia-Specific Court Filing Instructions
  • Unlimited Revisions for as long as your account is active

Getting a Divorce With Children in Virginia

The first thing to know about divorce with children is that spouses must live separately for at least one year before filing with the court.

Virginia has recognized 2 types of child custody:

  • legal custody determines which parent has the right to make child-related decisions;
  • physical custody determines which parent will have the child most of the time.

Both these types can be either sole or shared.

If spouses can’t decide on custody themselves, the judge will do it for them considering what is in the child’s best interests.

The following factors are critical when deciding on child custody:

  • The child’s age and physical and mental condition;
  • Each parent’s age and physical and mental condition;
  • The relationship between each parent and the child;
  • The child’s needs;
  • Each parent’s role in the upbringing and care of the child;
  • Each parent’s willingness to support the child’s contact with the other parent;
  • Each parent’s desire to maintain a close relationship with the child;
  • The child’s preferences, if the child has reasonable intelligence and age to express them;
  • Any history of family abuse, sexual abuse, child abuse;
  • Other relevant factors.

The judge may also assign parents to take a parenting class.

Another child-related issue is child support. In an uncontested divorce, spouses can arrange it independently following Virginia Child Support Guidelines. If they can’t agree, the judge will decide for them.

When calculating each parent’s child support obligation, the judge uses a special formula developed by the Department of Social Services.

Check if you qualify for an online divorce in Virginia
Get your ready-to-file Virginia divorce paperwork

Residency Requirements in VA

Residency requirements are among the most important in a divorce case. If the spouses don’t meet them, the court can’t have jurisdiction to hear the case.

Under the Code of Virginia, one of the spouses must have been an actual bona fide resident and domiciliary of the state for at least six months prior to filing a claim.

Actual bona fide residency means having a permanent home in Virginia. Being a domiciliary implies that a person has an intention to live in Virginia indefinitely. To qualify for divorce in Virginia, one of the spouses should be both.

The same rule applies to the military dissolution of marriage. If an Armed Forces member has been stationed in the state for at least six months, they are considered a bona fide resident and domiciliary of Virginia.

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How Long Does It Take to Get a Divorce in Virginia?

The duration of the process depends on the case complexity. Contested divorces with many disputes can take 8 to 16 months because of numerous court hearings. Simple uncontested divorces can be finalized in 1-2 months after filing, provided that all separation requirements are met.

In addition, the timeline can be delayed if spouses choose fault-based grounds for divorce like adultery, conviction of a felony, cruelty, etc. In this case, the filing spouse needs time to collect evidence, and the judge needs time to review them. It’s important to note that spouses must choose no-fault reasons for a faster uncontested divorce.

When it comes to the mandatory waiting period, Virginia doesn’t have one in the traditional sense of the term. However, the state requires spouses to live separately and apart before filing for divorce (one year for couples with kids and six months for couples without kids).

Another crucial aspect is to know when the divorce becomes final. In Virginia, spouses have thirty days after the judge signs the Final Judgment to ask for changes. However, it’s not typical for uncontested cases where spouses agree on the divorce terms in advance and sign a marital agreement.

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Bath County
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Halifax County
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Nelson County
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York County
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Prince Edward County
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Madison County
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Henry County
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Frequently Asked Questions

To file for an uncontested divorce, spouses must agree on all divorce-related issues and choose no-fault grounds for divorce. If they can’t agree independently, spouses can try mediation or counseling sessions.

A no-fault divorce can be granted if spouses have lived separately for at least one year. If they have a separation agreement and don’t have children, the partners need to live separately for six months.

Divorce in Virginia can cost anywhere from $10,000 to $14,000 for a contested case. An uncontested divorce is cheaper, but if spouses proceed with a lawyer, they’ll pay $280-$330 per hour.

With VirginiaOnlineDivorce, uncontested divorce can cost only $139 plus court fees. The platform provides spouses with the cheapest instruments to prepare legal documents without lawyer fees.

Each couple filing for divorce must pay a fee that ranges from $80 to $90, depending on the county. However, those in financial hardship can request a fee waiver by filling out the Petition for Proceeding in Civil Case Without Payment of Fees or Costs CC-1414.

Spouses can download blank forms for an uncontested divorce from Virginia’s Judicial System form page. However, it can be challenging to choose the proper ones.

Those who want to get online divorce papers fast and easy can use VirginiaOnlineDivorce. This platform helps select and complete all the required forms for an uncontested divorce without any hassle.

Typically, spouses file their uncontested divorce cases with the circuit court in the county where they live. If spouses live in different counties, they can apply in any of them.

Virginia recognized both no-fault and fault grounds for divorce. However, spouses filing for an uncontested divorce can use only no-fault grounds stating that they have been living separately without cohabiting for six months (for one year if children are involved).

Fault-based grounds show that one of the spouse’s misconduct ruined the relationship. According to the Code of Virginia, it can be adultery, conviction of a felony, willful desertion, and cruelty.

In Virginia, marital property is divided equitably between spouses. Marital property is everything spouses earned, bought, or acquired from the date of marriage to the date of separation. Equitably mean dividing fairly, which is not necessarily 50/50. Spouses can decide on property division themselves or ask the judge to do it. However, in this case, their divorce will be considered contested.