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Can I Do My Own Divorce in Virginia Without a Lawyer? | Virginia Law Help

Can I Do My Own Divorce in Virginia Without a Lawyer?

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Reviewed by: Valerie L'Herrou

In some situations, yes, you can file for divorce on your own. This is sometimes called a DIY or "do-it-yourself" divorce.

It is not easy. Virginia circuit court procedures are complicated, even for simple cases. But it is possible.

(If you have been served divorce papers, read more about how to answer divorce papers.)

What kind of divorce can I file on my own? 

The best way to do a DIY divorce is to file an uncontested divorce, also called a no-fault divorce. These terms mean almost the same thing, with one small difference.

  • A no-fault divorce is based on you and your spouse having been separated for the amount of time required by law, either six months or one year depending on your situation.
  • An uncontested divorce is a no-fault divorce where all legal issues, including child custody, child support, spousal support, and division of property and debts, have all been decided before you file. You may need a mediator or a lawyer to help you resolve those issues first. But once everything is settled, you may be able to file the divorce yourself.

You can get a no-fault divorce even if there was fault. To be considered no-fault, the divorce must be based on the separation, instead of something else.  

What do I need to have ready before I file? 

An “uncontested divorce” means that all legal issues have been resolved before you file. You cannot file an uncontested divorce if any of these issues are still in dispute:

  • Child custody, parenting time, and child support, if you have children
  • Spousal support
  • How to divide your property, assets, and debts

Before you file your divorce paperwork, you must have either a separation agreement or court orders that decide all these matters.

These issues may be resolved by agreement between you and your spouse, or by court order from a JDR (Juvenile and Domestic Relations) court. If you need help resolving these issues, it is best to talk to a mediator or an attorney.

Once everything is resolved, it’s also a good idea for each spouse to have an attorney review the documents before you file.

Do I qualify for a DIY divorce? 

You can get a DIY divorce if all of the following are true:

  • Your divorce is no-fault, meaning it is based on separation rather than something like adultery (even if there was adultery or other fault).
  • You and your spouse have both signed a “Property Settlement Agreement” (PSA), also known as a “Separation Agreement,” or you have court orders that resolve these matters.
  • Neither spouse was in the military while you were married, is incarcerated, is institutionalized, or is mentally incompetent.
  • The respondent spouse is not currently on active military duty.
  • Neither spouse is pregnant.
  • You have completed your separation period, either six months or one year depending on your situation.

Not sure if you qualify? Virginia Legal Aid has a checklist that can help. 

Where do I get the divorce papers? 

Virginia Legal Aid has a free online tool that walks you through questions and generates the documents you need. Read the worksheet before getting started, and follow the instructions that print with your documents carefully.

Even if you are filing on your own, it is best for each spouse to have a lawyer look over the documents before you file.

Talk to an attorney first if any of these apply to you: 

  • You and your spouse disagree on custody, support, or property, and you do not have any court orders regarding these matters.
  • Your spouse has been violent or abusive.
  • Your spouse lives outside Virginia or cannot be located.
  • You or your spouse is currently pregnant.
  • You or your spouse was in the military during the marriage.
  • Your spouse is on active duty in the military.
  • Your spouse is incarcerated, institutionalized, or mentally incompetent.

What is the next step? 

Once you complete your paperwork, the next step is filing with the court. Before you file, it is a good idea to ask your spouse to sign a waiver of service. A waiver of service means your spouse agrees to skip the formal delivery of court documents. This means you will not have to wait for a sheriff's deputy to deliver the papers to your spouse, and you will not have to wait 21 days for your spouse to respond.

If you are on speaking terms with your spouse, ask if they will sign a waiver of service.

If your spouse has been abusive, do not ask them to waive service. Instead, when you file with the court, ask the court to handle service for you. The sheriff's department will deliver the documents. You will need to arrange this before you complete your paperwork. Learn more about the Address Confidentiality Program.

Read more: How to File an Uncontested Divorce in Virginia (Step-by-Step)

Domestic Violence and Protective Orders in Virginia

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