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
- 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
Virginia divorce rules at a glance
| Rule | Virginia | Source |
|---|---|---|
| Filing fee | $68 to $87 (needs court check) | law.lis.virginia.gov |
| Separation required | Yes | national chart |
| 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 |
| Property regime | Equitable distribution | irs.gov |
| Waiting period | No statutory wait | law.lis.virginia.gov |
| Child support model | Income shares | ncsl.org |
| Alimony rule | No; discretionary, fault may matter (Va. Code 20-107.1) | recordinglaw.com |
| 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 |
| Parenting class | Yes when custody, visitation or support is contested (4-hour seminar; court may order in uncontested cases for good cause) | law.lis.virginia.gov |
| Mediation | Orientation session in appropriate custody or visitation cases | law.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
- 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)
- 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)
- Filing. Virginia court fee $68 to $87 (needs court check). (law.lis.virginia.gov)
- 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.