How Can I File for Divorce for Free in Virginia?
To file for divorce in Virginia, you must have been a Virginia resident for at least six months. If you have minor children, you must have been separated from your spouse for at least one year. If you don't have minor children, you must have been separated for at least six months and have a written property settlement agreement in place. If you haven't been separated for the mandated amount of time, your case will be dismissed. Filing for divorce requires filling out several forms, which you can get from your county courthouse. As of April 2010, the filing fee is $84, which can be waived if you cannot afford it.
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Instructions
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Fill out a complaint. Virginia has two divorce complaint forms: Complaint for Divorce on Ground of 6 Months Separation and Complaint for Divorce on Ground of 1 Year Separation. The complaint must include the date and place of marriage, names and birth dates of any minor children, current residences for both spouses, military status of each party and a statement that you are both over 18. Make one copy of the complaint to be served to your spouse.
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Complete the VS-4 form. This is a statistical form required by all Virginia courts in divorce proceedings. It must be filled out in black ink.
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Complete the Domestic Case Coversheet with the names of both parties, the separation date and information about whether the divorce is contested or uncontested. Make two copies of this sheet.
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File the complaint form, the VS-4 form and the Domestic Case Coversheet with the court in your county. Ask for a fee waiver at this time. You will have to submit income documentation to qualify for a fee waiver.
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Have your spouse served with divorce papers. According to Virginia law, you can have your spouse served by a sheriff or a private party. You are not allowed to serve the papers yourself. You can, however, have the papers served at your spouse's residence through a family member as long as the family member is 16 or older. You can also serve through a public posting in newspapers. Once your spouse is served, your divorce case will be set for trial.
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Tips & Warnings
Filing for divorce without an attorney is not recommended.
