Each year, about 30,000 people in Virginia get divorced, according to the Centers for Disease Control and Prevention's National Vital Statistics Report. This rate in 2007 was a little bit above the national average, according to the U.S. Census Bureau. Virginia laws governing divorce appear in Title 20 of the Code of Virginia, under Chapter 6: Divorce, Affirmation and Annulment, available online as part of the Virginia General Assembly's Legislative Information System.
Geography
You can file for divorce in Virginia if you have lived in the commonwealth for at least six months. File in the circuit court of the city or county where either you or your spouse last lived together, or where the defendant lives at the time of the filing. You do not need to file a separation agreement with the court.
Effects
You initiate a case by filing a bill of complaint for divorce, stating your grounds. The most commonly used grounds, according to Richard J. Byrd, chairman of the Family Law Section of the Fairfax Bar Association, are living apart for more than one year; living apart for more than six months and having no minor children and having a separation agreement; adultery; desertion and cruelty. You can ask the court to provide orders for equitable distribution of property; child custody or visitation; child or spousal support; temporary use of the marital home; and to have one party pay the other party's attorney's fees.
Considerations
In a no-fault or uncontested divorce, you can file after separating for a minimum of six months if you have no children and have a written property settlement agreement. If you have children, you must wait a year. If you have any children under age 18, you and your spouse must complete a Families in Transition workshop.
Process
File your divorce complaint along with a VS-4 form, a statistical collection form used by the state, available at the court clerk's office or at the local department of health. Your complaint must list the current residences of both parties, each party's Social Security number or Virginia driver's license number; the date and place of marriage and the names and dates of birth of all minor children born or adopted into the marriage.
Costs
As of June 2010, a complaint costs $69 to $84 in filing fees, depending on jurisdiction, and $12 in service fees if the complainant wants the defendant served by the sheriff. If you wish to resume your maiden name, pay another $19 to $21 depending on jurisdiction at the time the final decree of divorce is entered. Pay the clerk of the court by cash, money order or check. For a 30-minute session of legal advice, you can pay $35 and go through the Virginia Lawyer Referral Service at 800-552-7977.
Time Frame
Your divorce may take three to six months to complete if there are no complications, according to the city of Norfolk Circuit Court. A commissioner handles contested divorces, and a judge hears uncontested divorces, which take about 15 minutes.
Warning
If you represent yourself, you must follow the same procedure as would an attorney. You cannot ask court personnel for advice; state law prohibits this.
