Where do I file for divorce in Virginia?
Get Legal Help Today
Secured with SHA-256 Encryption
UPDATED: Mar 3, 2020
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
In the state of Virginia, there are procedures that must be followed in order for a divorce to take place, and since the termination of a marriage is a legal proceeding, the entire divorce process is covered and handled through the court system. This means you must file for divorce within the appropriate Virginia court.
Where to File for Divorce in Virginia
In the state of Virginia, all divorce cases are heard and handled by the Circuit Court System, Civil Intake Division, of the Virginia State Circuit Courts. This means, if you decide to file for a divorce in Virginia, you will need to acquire the proper paperwork and forms in order to file your case in the civil side of the Virginia circuit courts. If you have a divorce case already started, you can continue the process or check for updates on your case by visiting or contacting the Circuit Courts of the State of Virginia for your specific county or city within the state.
In order to file for a divorce in Virginia, you must have been a resident of the state of Virginia for six months before filing. You also must have either lived apart from your spouse for six months, if there are no children, or for a year if there are children. Assuming these requirements are met, you may file the proper divorce papers with the Circuit Court. The other spouse must be notified and served with the divorce papers in order for the divorce to proceed. At that point, you may either create an out of court settlement agreement and custody plan for the court to approve, which is often cheaper and simpler, or you may litigate the issues necessary to end your marriage in the Virginia court system.
When you file for divorce, you should always have a lawyer on your side protecting your rights. Your attorney can also take care of the logistics of actually filing for the divorce for you.