Virginia Divorce Checklist — Step-by-Step (2026)

This checklist covers every phase of a Virginia uncontested divorce. Virginia's process has several steps that don't exist in other states — read each phase carefully.

Reminder: Virginia requires separation BEFORE filing. The corroborating witness is not optional. Forms come from your local Circuit Court — not a state website.

Disclaimer: General legal information only. Consult a licensed Virginia family law attorney for specific guidance.

Phase 1 — Establish and Document the Separation

• Identify your separation date — the date you and your spouse began living separate and apart
• Confirm you are living at separate physical addresses (strongly preferred — much easier to prove than same-house separation)
• Keep documentation of the separation date:
  • Lease agreement or mortgage statement for new residence
  • Change of address with USPS
  • Utility bills, voter registration, or driver's license at new address
  • Text messages or emails acknowledging the separation
• Do NOT reconcile — any period of resumed marital cohabitation restarts the separation clock
• Identify your required separation period:
  • No minor children AND you have a signed PSA → 6 months
  • Minor children OR no PSA → 1 year

Phase 2 — Identify and Brief Your Corroborating Witness

• Identify a corroborating witness — someone other than you or your spouse
• Confirm this person has personal knowledge that you've been living apart (visited your new home, knows your separate addresses, etc.)
• Confirm this person knows approximately when you separated
• Confirm this person is willing to sign a sworn affidavit or appear before a Commissioner in Chancery
• Brief the witness on what to expect — their affidavit will state: who they are, how they know you, when they first knew you were living apart, and that you have remained separated

Phase 3 — Negotiate and Sign the Property Settlement Agreement (PSA)

• List all marital property: real estate, bank accounts, retirement accounts, investments, vehicles, personal property
• List all marital debts: mortgages, car loans, credit cards, student loans, personal loans
• Reach agreement on:
  • Division of real estate (sell, one keeps, or deferred sale)
  • Division of all financial accounts
  • Division of retirement accounts (note: employer plans need a QDRO)
  • Vehicle ownership and related loans
  • Debt responsibility
  • Spousal support (amount and duration, OR mutual written waiver)
  • If children: custody, parenting time schedule, and child support
• Draft the PSA — be specific; vague terms create post-divorce disputes
• Both parties sign before a notary public
• Each party keeps a signed original
• File a copy with the court (the PSA is typically incorporated into the Final Decree)

Phase 4 — Confirm Residency and Separation Period Are Complete

• At least one spouse has lived in Virginia for 6 continuous months
• The required separation period is fully complete (not just started):
  • 6 months: if no minor children and you have a signed PSA
  • 1 year: all other situations
• You can state under oath the exact date your separation began

Phase 5 — Get Local Circuit Court Forms

• Go to your county's Circuit Court website or clerk's office
• Request the local uncontested divorce forms packet (or download it from the court's site)
• Typical forms in the local packet:
  • Bill of Complaint for Divorce
  • Grounds Affidavit / Corroborating Witness Affidavit
  • Acceptance/Waiver of Service (for cooperative spouse)
  • Defendant's Waiver of Answer (for uncontested)
  • Draft Final Decree of Divorce (often provided by court)
  • Any county-specific cover sheets or case information sheets
• Check whether your circuit uses a Commissioner in Chancery for depositions or processes affidavits directly — this affects how testimony is submitted

Phase 6 — Complete and File the Bill of Complaint

• Complete the Bill of Complaint for Divorce (your county's version)
• Include all required facts: names, marriage date/place, residency, grounds, separation date, reference to PSA if applicable, relief requested
• Attach the PSA (and any exhibits referenced in it)
• Make 3 copies of everything (original + 2 copies is typical)
• File with the Clerk of the Circuit Court in your county
• Pay the filing fee ($100–$200 depending on county)
• Receive your case number (docket number) and the issued Summons

Phase 7 — Serve Your Spouse

• Choose service method:
  • Acceptance of Service: Spouse signs the Acceptance/Waiver form — fastest and free (or cost of notary)
  • Sheriff service: Have the county sheriff deliver — $12–$30
  • Process server: $50–$150
• File proof of service with the court
• Spouse has 21 days to respond (if served in Virginia)

Phase 8 — Defendant's Response

• In an uncontested divorce, spouse files (or you file on their behalf with their signature):
  • Waiver of Answer (waiving the right to file a formal Answer), OR
  • A simple Answer not contesting the divorce
• Spouse also signs the Grounds Affidavit / Corroborating Witness Affidavit (if your circuit uses written affidavits in lieu of live testimony)

Phase 9 — Commissioner in Chancery or Affidavit Process

• Determine your circuit's process — ask the Clerk's office:
  • Commissioner in Chancery process: Schedule a deposition appointment with the Commissioner; you and your witness appear and give testimony; Commissioner issues a Report to the judge
  • Affidavit process: You and your witness submit sworn written testimony; no personal appearance required in some circuits
• Prepare your testimony:
  • Your name, address, marriage date, separation date
  • That the separation has been continuous and without reconciliation
  • The PSA terms and that both parties agreed
  • Relief requested (divorce, PSA incorporated, name restoration if desired)
• Submit Commissioner's Report (or affidavits) to the court
• Draft Final Decree of Divorce submitted to the judge for signature

Phase 10 — Final Decree of Divorce

• Judge signs the Final Decree of Divorce
• Request 3–5 certified copies from the Clerk's office at the time of the Decree (cost: ~$2–$5 per page)
• Confirm the PSA is incorporated by reference into the Decree

Phase 11 — Post-Divorce Implementation

• Name restoration: SSA office → Virginia DMV → update bank accounts, passport, employer records
• Real estate deed: New deed prepared, signed, notarized, and recorded with the Clerk of the Circuit Court (Virginia Circuit Court clerks handle land records)
• Vehicle titles: Virginia DMV
• Retirement accounts: QDRO for employer plans (401k, 403b, pension) — must be submitted to plan administrator; IRA divided via "transfer incident to divorce" letter
• Beneficiary designations: Update 401k, IRA, life insurance, annuities, bank POD accounts
• Health insurance: If covered by spouse's employer plan, arrange COBRA or alternative within 60 days

Virginia-Specific Quick Reference

Last reviewed: March 2026 | Get local forms from your county Circuit Court | vacourts.gov for general guidance

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.