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Were you served, or are you filing, in Virginia? Learn the wait and the residency rule.

Virginia Divorce: Waiting Period, Residency Rule, Timeline

Virginia in short

Virginia sets no statutory waiting period after filing. (law.lis.virginia.gov) Virginia's residency rule: one party a resident and domiciliary of Virginia at filing and for at least 6 months before (Va. Code 20-97). (law.lis.virginia.gov) Virginia's separation rule: 1 year living separate and apart without cohabitation; 6 months when there are no minor children and a separation agreement exists (Va. Code 20-91(A)(9)(a)). (national chart) Virginia's alimony rule: no; discretionary, fault may matter (Va. Code 20-107.1). (recordinglaw.com)

Checked October 14, 2026

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Uncontested divorce in Virginia

$68 to $87
Filing fee, unconfirmed
None
Waiting period
Court filing fee

$68 to $87 is listed for Virginia (needs court check): not yet confirmed against a current court fee schedule.

How this was read

Varies by circuit: the clerk where the case is filed sets the exact amount.

Marked for a court check: this figure still needs to be confirmed against a current court fee schedule.

Source note: varies by circuit; built from statute, not a court total: $60 clerk's fee for divorce, $10 of it to the Courts Technology Fund (Va. Code 17.1-275(A)(26)); $8 Technology Trust Fund fee in each civil action (17.1-279(A)); $10 legal aid fee where a nonprofit legal aid program serves the locality (17.1-278); local options of up to $2 plus up to $3 courthouse fee (17.1-281(A) and (C)) and up to $4 law library fee (42.1-70).

Source: law.lis.virginia.gov

Fee waiver

A fee waiver path is recorded for Virginia: court may allow a person unable to pay because of poverty to sue without paying fees or costs; Va. Code 17.1-606.

Source: national chart

Residency before filing

One party a resident and domiciliary of Virginia at filing and for at least 6 months before (Va. Code 20-97).

Source: law.lis.virginia.gov

Separation

Separation rule recorded for Virginia: yes.

How this was read

1 year living separate and apart without cohabitation; 6 months when there are no minor children and a separation agreement exists (Va. Code 20-91(A)(9)(a)).

Source: national chart

Waiting period

Virginia sets no statutory wait after filing.

How this was read

No post-filing wait appears in the grounds statute; the no-fault grounds require 1 year of living separate and apart, or 6 months with no minor children and a signed separation agreement, before filing (Va. Code 20-91(A)(9)).

Source: law.lis.virginia.gov

Mediation

Mediation rule recorded for Virginia: orientation session in appropriate custody or visitation cases.

How this was read

In any appropriate case the court shall refer the parents to a dispute resolution orientation session with a certified mediator at no cost (Va. Code 20-124.4).

Source: law.lis.virginia.gov

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Virginia divorce rules at a glance

Virginia row, with sources
RuleVirginiaSource
Filing fee$68 to $87 (needs court check)law.lis.virginia.gov
Separation requiredYesnational chart
ResidencyOne party a resident and domiciliary of Virginia at filing and for at least 6 months before (Va. Code 20-97)law.lis.virginia.gov
Property regimeEquitable distributionirs.gov
Waiting periodNo statutory waitlaw.lis.virginia.gov
Child support modelIncome sharesncsl.org
Alimony ruleNo; discretionary, fault may matter (Va. Code 20-107.1)recordinglaw.com
Fee waiverYes (court may allow a person unable to pay because of poverty to sue without paying fees or costs; Va. Code 17.1-606)national chart
Parenting classYes when custody, visitation or support is contested (4-hour seminar; court may order in uncontested cases for good cause)law.lis.virginia.gov
MediationOrientation session in appropriate custody or visitation caseslaw.lis.virginia.gov

Checked October 14, 2026.

Virginia in detail

Virginia's residency rule reads: one party a resident and domiciliary of Virginia at filing and for at least 6 months before (Va. Code 20-97). (law.lis.virginia.gov) Virginia's waiting period (no statutory wait): no post-filing wait appears in the grounds statute; the no-fault grounds require 1 year of living separate and apart, or 6 months with no minor children and a signed separation agreement, before filing (Va. Code 20-91(A)(9)). (law.lis.virginia.gov) On separation: 1 year living separate and apart without cohabitation; 6 months when there are no minor children and a separation agreement exists (Va. Code 20-91(A)(9)(a)). (no link recorded) Virginia's filing fee ($68 to $87 (needs court check)): varies by circuit; built from statute, not a court total: $60 clerk's fee for divorce, $10 of it to the Courts Technology Fund (Va. Code 17.1-275(A)(26)); $8 Technology Trust Fund fee in each civil action (17.1-279(A)); $10 legal aid fee where a nonprofit legal aid program serves the locality (17.1-278); local options of up to $2 plus up to $3 courthouse fee (17.1-281(A) and (C)) and up to $4 law library fee (42.1-70). (law.lis.virginia.gov) Virginia's parenting class rule: yes when custody, visitation or support is contested (4-hour seminar; court may order in uncontested cases for good cause). (law.lis.virginia.gov) Virginia's mediation rule: orientation session in appropriate custody or visitation cases; in any appropriate case the court shall refer the parents to a dispute resolution orientation session with a certified mediator at no cost (Va. Code 20-124.4). (law.lis.virginia.gov) Virginia's alimony rule: no; discretionary, fault may matter (Va. Code 20-107.1). (recordinglaw.com)

Steps and minimum times in Virginia

  1. Before filing, residency. One party a resident and domiciliary of Virginia at filing and for at least 6 months before (Va. Code 20-97). (law.lis.virginia.gov)
  2. Before filing, separation. 1 year living separate and apart without cohabitation; 6 months when there are no minor children and a separation agreement exists (Va. Code 20-91(A)(9)(a)). (national chart)
  3. Filing. Virginia court fee $68 to $87 (needs court check). (law.lis.virginia.gov)
  4. No statutory wait. Virginia: none after filing; the court's calendar sets the date. (law.lis.virginia.gov)

What filing costs in Virginia

  • Court filing fee: $68 to $87 (needs court check) (law.lis.virginia.gov)
  • Fee waiver: Yes (court may allow a person unable to pay because of poverty to sue without paying fees or costs; Va. Code 17.1-606) (national chart)

Official sources for Virginia

Questions about Virginia

How much is Virginia's divorce filing fee?

$68 to $87 (needs court check). Fee waiver: yes (court may allow a person unable to pay because of poverty to sue without paying fees or costs; Va. Code 17.1-606). (law.lis.virginia.gov)

How long is Virginia's waiting period for divorce?

None after filing. No post-filing wait appears in the grounds statute; the no-fault grounds require 1 year of living separate and apart, or 6 months with no minor children and a signed separation agreement, before filing (Va. Code 20-91(A)(9)). (law.lis.virginia.gov)

What is Virginia's residency rule for divorce?

One party a resident and domiciliary of Virginia at filing and for at least 6 months before (Va. Code 20-97). (law.lis.virginia.gov)

Does Virginia have an alimony formula?

No; discretionary, fault may matter (Va. Code 20-107.1). (recordinglaw.com)

Does Virginia require a separation before divorce?

Yes. 1 year living separate and apart without cohabitation; 6 months when there are no minor children and a separation agreement exists (Va. Code 20-91(A)(9)(a)). (national chart)

How this page is built

Each rule here is one cell of the 51-row divorce dataset behind the national chart, with its source. Unrecorded cells are left out. Lawyers' fees are not sourced or counted. General information, not legal advice.

Related pages

Sources