OVERVIEW OF VIRGINIA DIVORCE LAW AND PROCEDURE:

Summary of Virginia Divorce Law:

To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce.

No Fault Grounds:

Six Month Separtion: separated for a minimum of six months and have a written property settlement agreement before you may file for divorce. One Year Separation: separated for a minimum of twelve months; (no property settlement agreement required).

General Grounds:

General: (1) Adultery (including homosexual acts); (2) abandonment; (3) conviction of a felony and imprisonment for 1 year; (4) cruelty; and (5) willful desertion.

Distribution of Property:

Virginia is an Equitable Distribution State

Virginia Code Sections relating to Divorce

Court fees:

The following court/administrative fees are normally incurred in divorce cases:

• A $66.00 filing fee, which is payable upon the filling of your Bill of Complaint with the Court;
• A $12.00 service fee if the complainant wishes to have a defendant (must reside in Virginia) served by the Sheriff. You may avoid this fee if the defendant is willing to accept service of the documents by signing a notarized statement that he/she has received the Bill of Complaint or by having the defendant sign Form CC-1406
• $19 filing fee to resume Maiden Name (if applicable in your case)