Virginia Divorce: What You Need to Know

In Virginia, divorce is also referred to as a dissolution of marriage. It is the legal process that officially ends a marital union. Although each state has its regulations, divorce cases in Virginia are handled by the Circuit Court in the county or city where either spouse resides. This guide explains how divorce works in the state, including the residency rules, waiting periods, types of divorce, the court process, county-level filing details, and how to access divorce records. The focus here is not on relationship advice but on the legal and procedural aspects of filing a divorce in Virginia.

How Does Divorce Work in Virginia?

The residency requirement is a crucial aspect of filing for a divorce in Virginia.. Before filing, at least one spouse must have been a resident of the state for six months. For military members, being stationed in Virginia for a period of six months is sufficient to satisfy this requirement.

Virginia law provides for both no-fault and fault-based grounds for divorce. To obtain a no-fault divorce, spouses must be separated for at least one year with the intent to end the marriage. The separation period is reduced to six months if the couple have a signed separation agreement and no minor children.

Moreover, a fault-based divorce can be sought for reasons such as adultery, cruelty, desertion, felony conviction, or abuse. Although proving fault is not mandatory, it can influence decisions of the court concerning alimony, custody, or property division.

Typically, an uncontested no-fault divorce is finalized in as little as six to twelve months, while contested or fault-based cases can take longer due to hearings and trial.

Types of Divorce in Virginia

Virginia law provides several types of divorce such as:

• Uncontested divorce: These cases are faster and less costly because the divorcing couple agree on all issues including custody, support, and property.
• Contested divorce: These cases are expensive and take longer to resolve because disagreements exist on important matters. Additionally, they require mediation, hearings, or trial to reach a final judgment.
• No-fault divorce: This type of divorce is granted after six months of separation if the couple has no minor children and a signed separation agreement. The separation period must be one year if the couple has minor children or no agreement.
• Fault-based divorce: This type of divorce is granted based on reasons like adultery, cruelty, or desertion.
• Collaborative divorce: Couples may use attorneys and mediators to negotiate settlements outside of court trial.
• Legal separation: Unlike some other states, Virginia does not formally recognize legal separation. Instead, couples can use separation agreements to address custody, support, and property matters until a divorce is finalized.

Virginia Divorce Court Process and Forms

In Virginia, the Circuit Court is responsible for handling divorce cases. The process begins when the plaintiff submits a Complaint for Divorce to the Circuit Court in the county or city where they live. Additionally, the petitioner may be required to file other documents such as:

• VS-4 Form (Vital Statistics form)
• Summons
• Financial Affidavit
• Separation Agreement (if uncontested)
• Parenting Plan and Child Support Worksheets (if children are involved)

Afterward, the county sheriff or a process server delivers the complaint and summons to the defendant, who then has 21 days to file a response with the court.

Furthermore, the court may require both parties to exchange financial disclosures to ensure transparency about debts, income, and expenses. For couples with children, a parent education class may also be mandatory before custody arrangements are finalized.

Judges often order mediation to address custody or property disputes. If the parties cannot reach an agreement, the case proceeds to trial.

The last step in a divorce is the signing of a Final Decree of Divorce. This decree, signed by the judge, marks the end of the marriage and outlines agreements regarding custody, property division, child support, and spousal support.

City- and County-Level Filing Details

To file a divorce petition in Virginia, the petitioner may go to the Circuit Court in the county or city where they or their spouse resides. The locations and filing procedures for Circuit Courts in some of the largest jurisdictions are outlined below:

• Fairfax County (Fairfax):
  • Courthouse: Fairfax County Circuit Court, 4110 Chain Bridge Road, Fairfax, VA 22030.
  • Services: Attorneys and Pro Se litigants can locate court forms through the Fairfax Circuit Court Practical Manual, which is available at the county Law Library.
• Virginia Beach (Virginia Beach):
  • Courthouse: Virginia Beach Circuit Court, 2425 Nimmo Parkway, Virginia Beach, VA 23456.
  • Services: This court requires parents in contested custody, visitation, and support cases to complete a court-approved parenting class.
• Norfolk (Norfolk):
  • Courthouse: Norfolk Circuit Court, 150 St. Paul’s Boulevard, Norfolk, VA 23510.
  • Services: Although the Clerk’s Office does not give legal advice, it offers self-help information for Pro Se litigants. Additionally, the court encourages divorcing couples to participate in mediation programs.
• Henrico County (Richmond area):
  • Courthouse: Henrico County Circuit Court, 4301 E. Parham Road, Henrico, VA 23228.
  • Services: The Circuit Clerk typically provides filing instructions to petitioners. In addition, couples with children seeking a divorce must attend mandatory parenting programs to understand the effect of this process on the children.
• Chesterfield County (Richmond area):
  • Courthouse: Chesterfield Circuit Court, 9500 Courthouse Road, Chesterfield, VA 23832.
  • Services: The court’s clerk provides guidance on filing a divorce case but does not assist with completing forms or offer legal advice.

How to Search for Divorce Records in Virginia

Anyone can access divorce records in Virginia, though sensitive information is often redacted and deemed confidential. Some of these sensitive information include Social Security numbers, financial accounts, and identifying details of minor children. Moreover, the Clerk of the Circuit Court in each county serves as the official custodian of court records including those related to divorce. Individuals searching for divorce records may do so by using any of the methods below:

• At the courthouse: As the official custodian of court records, the Circuit Court Clerk provides both case files and certified copies of divorce decrees to requesters for a nominal fee.
• Online: Many counties within Virginia use the statewide Circuit Court Case Management System to provide the public with limited case information. To find divorce records through this system, users can search by party name, case number, or hearing date.
• Vital Records: The Virginia Department of Health, Division of Vital Records issues divorce certificates for divorces granted since 1918. These certificates only list the names of spouses, date of divorce, and place of divorce.
• Third-party services: To save on the cost of visiting the courthouse in person, record seekers use private search sites that provide case information from public sources.

Virginia divorce records usually contain the names of the spouses, the date and county/city of divorce, the case number, and the court’s rulings on custody, property division, support, and spousal maintenance. The official proof that the marriage has ended is the Final Decree of Divorce.

Key Points

• In Virginia, divorce is filed in the Circuit Court of the county or city where either spouse resides.
• The residency requirement for filing a divorce in Virginia is six months. This rule also applies to military stationed in the state.
• A no-fault divorce case requires six months of separation if the couple has a separation agreement and no minor children. In all other cases, the spouses must be separated for at least a year before the divorce can be finalized.
• Both fault-based and no-fault divorce options are available to divorcing couples in Virginia.
• Divorce records are public records and anyone can obtain them from the Circuit Court Clerk’s Office. On the other hand, divorce summaries are available through the Virginia Division of Vital Records.