How to Get Divorced in VA

You can get a divorce in Virginia without a lawyer.

Virginia has two types of divorce. A Divorce from Bed and Board means that spouses are legally separated but not permitted to remarry. The other type, a Divorce from the Bond of Matrimony, is a complete divorce. Use your judgment as to which type works best for your situation. When divorce becomes inevitable, many people turn to lawyers, which Virginia recommends. However, you can get a divorce in Virginia without using an attorney. Be prepared to spend some time and effort to obtain a Virginia divorce.

Instructions

1. Decide on your grounds to get divorced in Virginia. A Divorce from Bed and Board can be obtained on grounds of desertion or acts that could result in bodily harm. You can get a Divorce from the Bond of Matrimony, which is a complete divorce, on grounds of no-fault or conviction of a felony. Other grounds for this type of divorce include adultery, sodomy or buggery. A Divorce from Bed and Board can be converted to a Divorce from the Bond of Matrimony after a one-year waiting period.

2. Gather evidence for your grounds. Virginia requires that you prove any allegations you make as grounds for getting a divorce. Gather police and conviction records if you are using felony conviction or fear of bodily harm for your grounds. Financial records, cell phone records and e-mails help prove adultery charges. For no-fault or desertion grounds, you will need proof that you and your spouse have lived apart for at least a year.

3. Separate from your spouse for the time required based on your grounds. Virginia requires a one-year separation for most grounds. However, if you and your spouse are childless and agree on a financial settlement, only a six-month separation is required before finalization of the divorce.

4. Locate the necessary forms for a Virginia divorce. Each court has a different policy concerning availability of divorce forms online, so check the circuit court's website first (See Resources). Some court clerks will provide the forms; in other counties, the court clerks do not provide them. Check law libraries if forms are not available online or through the court clerk.

5. Calculate your filing fees (See Resources). Fees to get divorced in Virginia range from $86 to $100. Women wanting their maiden names restored must pay an additional fee. If you cannot afford the fees, complete and file Form CC1414, the Petition For Proceeding In Civil Case Without Payment Of Fees Or Costs (See Resources).

6. Complete and file the necessary forms. Court clerks cannot help you with the forms or answer questions. Research your questions at a law library or check with Legal Aid (See Resources) for assistance. When you file the forms with the court clerk, schedule a date for your hearing. Make certain your spouse also has that date free.

Tips & Warnings

• Avoid a long and expensive fight by keeping lines of communication open with your estranged spouse.

• Never lie or misrepresent information when getting a divorce in Virginia. Doing so could result in penalties both civil and criminal.

References

• Virginia State Bar: Divorce in Virginia
• Code of Virginia: § 20-91: Grounds for Divorce From Bond of Matrimony

Resources

• Virginia's Judicial System: Individual Circuit Court Homepages
• Virginia's Judicial System: Circuit Court Civil Filing Fee Calculation
• Virginia's Judicial System: Petition For Proceeding In Civil Case Without Payment Of Fees Or Costs
• Virginia Legal Aid Society: Legal Office Locations
• Virginia's Judicial System: Virginia Public Law Libraries