How to Write a Bill of Complaint for Divorce in Virginia

To write a bill of complaint for divorce in Virginia, you draft the document yourself: the Virginia Judicial System does not publish an official divorce complaint form, so filers either write one from scratch or adapt a sample template from their local circuit court clerk.¹ The complaint is the written petition that opens the case. It must establish that the court has jurisdiction, identify the parties and the marriage, state the legal grounds for divorce, and ask the court for specific relief. The statutory filing fee is $60.²

Start With the Fact That There Is No Official Form

The Virginia Judicial System states plainly that no official court forms exist for divorce proceedings.¹ Unlike states that provide standardized packets, Virginia expects you to prepare your own complaint. Some circuit court clerks offer sample templates or pro se packets with example language; these are guides, not required forms. If you are filing without a lawyer, ask your local clerk’s office whether they keep a sample on hand before you start drafting.

A few standardized supplemental forms do exist and travel with the complaint, but the complaint itself is a document you author.

Required Content of the Complaint

Several allegations have to appear in the body of the complaint before the court will accept jurisdiction and move the case forward. Missing any of them is the fastest way to get delayed or dismissed.

Residency and Jurisdiction

At least one spouse must have been an “actual bona fide resident and domiciliary” of Virginia for at least six months before filing.³ That statutory phrase requires more than a Virginia mailing address or property ownership; you need to actually live here and treat Virginia as your permanent home. The complaint should state when the filing spouse established residency and affirm that the six-month threshold has been met.

The Parties and the Marriage

Identify both spouses by full legal name. State the date and location of the marriage, and confirm that both parties are over eighteen. These facts show the court that a valid marriage exists to dissolve. If minor children were born or adopted during the marriage, list each child’s full name and date of birth so the court can address custody, visitation, and support.

Military Status of the Defendant

The federal Servicemembers Civil Relief Act requires you to verify whether the other spouse is on active military duty.⁴ Active-duty members have protections against default judgments and a right to postpone proceedings when military duties prevent participation. Include an affirmative statement in the complaint about the defendant’s military status.

Stating the Grounds for Divorce

Every complaint has to state a legal reason the marriage should end. Which ground you plead affects both how long the case takes and what you have to prove.

No-Fault Separation

The most common path is a no-fault divorce based on living separate and apart. The default separation period is one year of continuous separation without cohabitation.⁵ A shorter six-month period is available only when two conditions are both met: the couple has no minor children, and the parties have already signed a written separation agreement. The complaint must state which period applies and confirm the parties lived apart without interruption for the entire duration.

Since July 1, 2021, no-fault divorces based on separation no longer require a corroborating witness.⁶

Fault-Based Grounds

Virginia also permits divorce based on adultery, cruelty, desertion, or a felony conviction resulting in imprisonment for more than one year.⁵ A fault-based complaint has to plead specific factual allegations describing what happened, when, and where. Vague accusations will not survive a challenge. Fault cases also require corroborating evidence beyond the spouses’ own testimony.⁶ The ground you plead can also influence spousal support, since the court is required to consider adultery and other fault when deciding whether to award maintenance.⁷

The Prayer for Relief

The last section of the complaint tells the court exactly what you want. At a minimum, it asks the court to grant the divorce. It should also cover every form of relief you might need, because the court generally cannot award something you did not ask for. Common requests include:

Equitable distribution of marital property and debt under Virginia’s equitable distribution statute.⁸
Spousal support based on the statutory factors, including income disparity, marriage duration, and each party’s earning capacity.⁷
Child custody, visitation, and support calculated under Virginia’s guidelines.
Restoration of a former or maiden name, which the court must grant on motion.⁹
Incorporation of an existing settlement agreement into the final decree.

If you and your spouse have already reached a full agreement, the prayer can be short. In contested cases, cast a wide net. You can narrow requests later, but you cannot easily add relief you never asked for.

Documents That Travel With the Complaint

The complaint is one piece of the filing packet. Virginia courts require a few additional documents at the same time.

Civil Case Cover Sheet (Form CC-1416)

This one-page form categorizes the case for administrative purposes. You check a box indicating whether the divorce is contested or uncontested, and the form itself defines those terms: a contested divorce is one where any issue, whether grounds, support, custody, or property, is in dispute.¹⁰

VS-4 Statistical Form

The VS-4 reports the divorce to the Virginia Department of Health’s Division of Records for vital statistics tracking. It calls for demographic information, including Social Security numbers and birthplaces for both parties. It must be completed in black ink with no corrections or white-out, and it cannot be filed electronically. Your local clerk’s office can provide a copy.

UCCJEA Affidavit When Children Are Involved

If the marriage produced minor children, Virginia Code § 20-146.20 requires each party to file a sworn affidavit disclosing the child’s current address, every place the child has lived during the past five years, and whether any other custody or visitation proceeding is pending anywhere in the country.¹¹ The affidavit exists to prevent conflicting custody orders across state lines. If you fail to provide it, the court can pause the case until it is furnished. The duty to update the information continues throughout the case.

Where to File and What It Costs

Virginia treats divorce venue as a preferred category, so filing in the wrong location is not a minor mistake. The proper circuit court is in the city or county where the spouses last lived together, or, at the plaintiff’s option, where the defendant currently resides.¹² If the defendant lives outside Virginia and you will need to serve by publication, you can also file where the plaintiff resides.

The clerk’s filing fee is $60, which includes a certified copy of the final decree.² If you cannot afford the fee, you can request a waiver using Form CC-1414, which asks the judge to let you proceed without payment based on your financial situation.¹³

A Practical Drafting Order

A workable structure for the document itself moves from jurisdiction outward:

Caption naming the circuit court, the parties as plaintiff and defendant, and space for a case number.
A title identifying the pleading as a “Complaint for Divorce.”
Numbered allegations establishing the plaintiff’s Virginia residency and domicile for at least six months.
Numbered allegations identifying the parties, the date and place of the marriage, and any minor children with their dates of birth.
A statement of the defendant’s military status.
The grounds for divorce, including the separation dates for a no-fault case or specific factual allegations for a fault case.
The prayer for relief listing every remedy sought.
The plaintiff’s signature block, with the plaintiff’s address and any attorney information.

Once the document is complete, assemble it with the CC-1416 cover sheet, the VS-4, the UCCJEA affidavit if applicable, the $60 fee or a fee waiver request, and any local packet materials your clerk requires. The clerk will accept the filing, assign a case number, and issue a summons for service on your spouse.

1
Virginia Judicial System Court Self-Help. Divorce
2
Virginia Code Commission. Virginia Code 17.1-275 – Fees Collected by Clerks of Circuit Courts Generally
3
Virginia Code Commission. Virginia Code 20-97 – Domicile and Residential Requirements for Suits for Annulment, Affirmance, or Divorce
4
Military OneSource. Rights and Benefits of Divorced Spouses in the Military
5
Virginia Code Commission. Virginia Code 20-91 – Grounds for Divorce From Bond of Matrimony, Contents of Decree
6
Virginia Code Commission. Virginia Code 20-99 – How Such Suits Instituted and Conducted, Costs
7
Virginia Code Commission. Virginia Code 20-107.1 – Court May Decree as to Maintenance and Support of Spouses
8
Virginia Code Commission. Virginia Code 20-107.3 – Court May Decree as to Property and Debts of the Parties
9
Virginia Code Commission. Virginia Code 20-121.4 – Restoration of Former Name
10
Supreme Court of Virginia. Form CC-1416 – Cover Sheet for Filing Civil Actions
11
Virginia Code Commission. Virginia Code Title 20 Chapter 7.1 Article 2 – Jurisdiction
12
Virginia Code Commission. Virginia Code 8.01-261 – Category A or Preferred Venue
13
Virginia Judicial System Court Self-Help. Filing Fees and Waivers