How to File an Uncontested Divorce in Virginia (Step by Step)

Prepare your documents

Get all your documents ready before your spouse signs anything. Share all of the divorce documents with your spouse. Make sure you and your spouse have both signed the proposed Final Decree.

If you have a Property Settlement Agreement, you and your spouse should initial and date each page, then sign at the end. Include any attachments, such as court orders or signed agreements. These might include child custody, visitation, or child support orders.

Note: If you are asking the court to restore your former name, your spouse does not need to read that or sign anything having to do with that.

Your spouse signs the waiver

Once all documents are ready, your spouse reviews them and signs the Acceptance/Waiver of Service of Process and Notice form. They must sign this in front of a notary. Notaries can be found at most banks, libraries, law offices, and government offices.

Make copies

Before going to the court, make two copies of every document. One set is for your records and one is for your spouse. The court must receive the documents that you actually signed.

File with the court 

Hand-deliver your documents to the circuit court clerk's office. Find your circuit court on Virginia’s Circuit Courts website.

Divorce filings are civil matters. Some courthouses have separate clerk's offices for civil and criminal cases. Make sure you go to the civil clerk's office.

Before you go, check your courthouse's rules about phones and smartwatches. Many courthouses restrict or prohibit these devices, even if you are only going to the clerk's office. Check your court's website or call ahead so you are not turned away at the door.

Include a cover letter that includes:

• Your full name, address, and phone number
• Your spouse’s full name, address, and phone number
• A list of all the documents you are submitting

If you are using the free DIY Divorce tool, a cover letter is included in the packet of documents you will get.

While you are at the clerk's office, fill out the VS-4 form by hand. On Line 23, where it asks for the legal grounds for divorce, write: "Uncontested, one year separation" or "six months separation," whichever applies to you.

If you cannot afford the filing fee, bring your Motion and Order to Proceed without Payment of Fees/Costs. Read more about how to get a divorce filing fee waiver.

Wait for the judge to sign

Your divorce will be complete once the judge reviews your documents and signs the Final Decree. The court will mail you and your spouse a copy. Until you get the Final Decree, you are not divorced. You may not get re-married until you receive the final decree.

File the complaint

First, sign and date the last page of your Complaint.

Then, find your circuit court on Virginia’s Circuit Courts website. Bring the following to your circuit court clerk's office:

• Your signed Complaint
• Your Property Settlement Agreement, if you have one
• Any court orders you have, such as custody or support orders
• A cover letter asking the court to serve the Complaint on your spouse. This cover letter is included in the DIY Divorce tool.
• The filing fee and service fee, or your signed Motion and Order to Proceed without Payment of Fees/Costs

Make sure your cover letter includes your spouse's full name and address.

On the same day you file, mail a copy of the cover letter and Complaint to your spouse. Include a copy of any other documents, such as your agreement or court orders. Send these by registered mail so you can prove your spouse received them.

The sheriff serves your spouse

After you file, the court will issue a Summons, which is an official notice telling your spouse they are part of a court case. The local sheriff's department will deliver the Summons and Complaint to your spouse, and report back to the court about when and how service happened.

After three to four weeks, check the Circuit Court On-Line Case Search system to confirm service. Visit selfhelp.vacourts.gov, and choose "Find a Case."

• Note: Alexandria and Fairfax Circuit Courts do not use this online system. Call those courts directly.

Wait 21 days after service

You must wait at least 21 days after your spouse is served before you can move forward. If your spouse files a response within those 21 days, talk to an attorney right away.

Finalize your divorce

If your spouse does not file a response, you can move forward to finalize your divorce. The final steps depend on how your spouse was served.

If your spouse was served in person by the sheriff: 

1. Sign your Plaintiff's Affidavit and the Private Addendum in front of a notary. 
2. Then file the following with the court: your signed Plaintiff's Affidavit, the proposed Final Decree, the Private Addendum, and the Order Granting Name Change if you requested one. 
3. Include a cover letter listing all enclosed documents.
4. On the same day you file, mail your spouse a copy of the cover letter and proposed Final Decree. In your cover letter to the court, include that you have also mailed the documents to your spouse.

If your spouse was served by posted or substituted service: 

1. You must schedule a court hearing called an "ore tenus" hearing. Call the clerk's office to get a hearing date.
2. Occasionally, the court will require you to have a hearing if there are any concerns about any of the documents you filed.
3. Once the hearing is scheduled, you must tell your spouse in advance.
4. Then fill out the “Notice of Presentation of Decree” and the “Praecipe” forms with that date. The sheriff will serve these forms to your spouse.
5. On the hearing date, bring your Affidavit, Final Decree, and Private Addendum to court. You will testify in person.