Divorce in Virginia: Quick Guide to Filing, Courts & Costs

If you’re thinking about ending a marriage in Virginia, the first question is usually: where do I start? The good news is Virginia’s divorce system isn’t a maze – you just need to know the right steps, the right court, and what to expect on the wallet. Below we break it down into bite‑size pieces so you can move forward with confidence.

Where to File Your Divorce

Virginia has two main courts that can hear divorce cases: the Circuit Court and the General District Court. Circuit Court handles divorces where children are involved, significant property disputes, or alimony requests. General District Court is for simpler cases – no kids, low‑value assets, and no alimony. If you fit the latter profile, you’ll save time and filing fees by going straight to the General District Court.

To file, you’ll need a “Complaint for Divorce” form, which you can pick up at the clerk’s office or download online. Fill it out, sign it, and file it with the clerk in the county where either you or your spouse lives. The filing fee ranges from $50 to $150 depending on the court, so have a few extra dollars on hand.

Steps After Filing

Once the paperwork is in, the court will issue a “Summons” to your spouse, giving them 21 days to respond. If they agree to the divorce, you can proceed with an uncontested process – basically a paperwork sprint. Both parties sign a “Settlement Agreement” that covers property division, child custody, support, and anything else. The judge reviews the agreement and, if it looks fair, signs a final decree.

If your spouse contests any part of the divorce, the case moves to a hearing. This could turn into a trial, especially if there are big assets or child‑custody battles. Preparation is key: gather financial records, property deeds, and any communication about child‑care. A family‑law attorney can help you organize these documents and present a clear story to the judge.

Virginia law requires a waiting period before the divorce is final. For uncontested cases, it’s usually 30 days after the decree is signed. Contested divorces can take longer – anywhere from a few months to over a year – depending on the court’s schedule and the complexity of the issues.

One tip many overlook: consider mediation early. A neutral mediator can help you and your spouse lock down agreements without a courtroom fight, cutting costs and stress. Many counties even offer low‑cost or free mediation services.

In terms of costs, beyond the filing fee, you might face attorney fees, court‑ordered parenting classes, and fees for service of process (delivering the summons). If you can handle the paperwork yourself and avoid a trial, you could keep total expenses under $1,000. Hiring a lawyer for a contested divorce can easily push the bill into the $5,000‑$10,000 range or higher.

Remember, every divorce is unique, but the basics stay the same: file in the right court, meet the waiting periods, and keep paperwork tidy. If you’re unsure about any step, a quick consultation with a Virginia family‑law attorney can save you headaches later.

Divorce isn’t easy, but knowing the process makes it less intimidating. Use this guide as a roadmap, gather your documents, decide if mediation fits, and take it one step at a time. Virginia’s courts are there to help you move forward – you just need to know where to knock.