Virginia · Uncontested divorce · Updated Oct 2026

Uncontested divorce in Virginia

For spouses in Virginia who agree on everything: who can use the process for agreed cases, the residency rule, the waiting period, the official forms, the filing fee, the fee waiver, how your spouse can sign instead of being served and mediation.

In short

Here is how Virginia handles a divorce when both spouses agree. Uncontested no-fault divorce after the separation period; VALegalAid.org (linked from the court's self-help site) offers online forms and guidance for no-fault divorce.

Who can file (residency)
6 months
Waiting period
See the rule
Filing fee
Varies by county

Who can use the process for agreed cases in Virginia

Uncontested no-fault divorce after the separation period; VALegalAid.org (linked from the court's self-help site) offers online forms and guidance for no-fault divorce.

Before you file in Virginia

Who can file (residency)
One spouse must have been a real (bona fide) resident and domiciliary of Virginia for at least 6 months before filing.
Waiting period
No-fault divorce requires living separate and apart, without cohabitation and without interruption, for 1 year before filing — or 6 months if you have no minor children and have signed a separation agreement. Fault grounds of cruelty or desertion also need 1 year from the act.
Law
Va. Code 20-97 · Va. Code 20-91(A)(9), (A)(6)

Forms, fees and filing in Virginia

Official forms
Divorce forms (Virginia courts)
Court self-help
Divorce self-help (Virginia courts)
Filing fee
No single statewide amount: the clerk's fee for a divorce is $60 (Va. Code 17.1-275(A)(26)) plus local and statutory add-ons and service costs. Use the court's Civil Filing Fee Calculator: https://webdev.courts.state.va.us/cgi-bin/DJIT/ef_djs_ccfees_calc.cgi. No fee for the defendant's answer or counterclaim.
If you can't afford the fee
Form CC-1414 (Petition for Proceeding in Civil Case Without Payment of Fees or Costs): https://www.vacourts.gov/static/forms/circuit/cc1414.pdf

If your spouse agrees to sign

Your spouse must be served with the complaint (by the sheriff or a private process server), or can accept service in writing.

If you agree on only some issues

Not required; courts may refer parties to a dispute resolution orientation session.

An uncontested divorce in Virginia, step by step

  1. Check that you can file in Virginia

    One spouse must have been a real (bona fide) resident and domiciliary of Virginia for at least 6 months before filing.

  2. See if you qualify for the simpler process

    Uncontested no-fault divorce after the separation period; VALegalAid.org (linked from the court's self-help site) offers online forms and guidance for no-fault divorce.

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (Virginia courts)

  4. File, and pay the fee or ask for a waiver

    No single statewide amount: the clerk's fee for a divorce is $60 (Va. Code 17.1-275(A)(26)) plus local and statutory add-ons and service costs. Can't afford it? Form CC-1414 (Petition for Proceeding in Civil Case Without Payment of Fees or Costs): https://www.vacourts.gov/static/forms/circuit/cc1414.pdf.

  5. Have your spouse sign or be served

    Your spouse must be served with the complaint (by the sheriff or a private process server), or can accept service in writing.

  6. Wait out the waiting period

    No-fault divorce requires living separate and apart, without cohabitation and without interruption, for 1 year before filing — or 6 months if you have no minor children and have signed a separation agreement.

  7. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in Virginia

Is there a simplified divorce for agreed cases in Virginia?

Uncontested no-fault divorce after the separation period; VALegalAid.org (linked from the court's self-help site) offers online forms and guidance for no-fault divorce.

How long does an uncontested divorce take in Virginia?

No-fault divorce requires living separate and apart, without cohabitation and without interruption, for 1 year before filing — or 6 months if you have no minor children and have signed a separation agreement. Fault grounds of cruelty or desertion also need 1 year from the act.

Who can file for an uncontested divorce in Virginia?

One spouse must have been a real (bona fide) resident and domiciliary of Virginia for at least 6 months before filing.

Does my spouse have to be served if we agree in Virginia?

Your spouse must be served with the complaint (by the sheriff or a private process server), or can accept service in writing.

How much does it cost to file an uncontested divorce in Virginia?

No single statewide amount: the clerk's fee for a divorce is $60 (Va. Code 17.1-275(A)(26)) plus local and statutory add-ons and service costs. Use the court's Civil Filing Fee Calculator: https://webdev.courts.state.va.us/cgi-bin/DJIT/ef_djs_ccfees_calc.cgi. No fee for the defendant's answer or counterclaim.

Is mediation required in Virginia?

Not required; courts may refer parties to a dispute resolution orientation session.

More about divorce in Virginia

Uncontested divorce in nearby states

Sources

Last checked: Oct 24, 2026.