Uncontested Divorce Forms in Virginia: Filing, Fees, and Decree

To file an uncontested divorce in Virginia, you’ll need to prepare about six documents yourself, because Virginia’s court system does not publish standard fill-in-the-blank uncontested divorce forms.¹ You can draft them from scratch, hire an attorney, or use the free interactive tool on the Virginia Legal Aid website, which generates most of the paperwork based on your answers. Before any of those documents matter, one spouse must have lived in Virginia for at least six months, and the two of you must have been separated for the period the law requires.

Separation and Residency You Have to Meet First

At least one spouse must have been a bona fide Virginia resident for six months immediately before filing, meaning your actual permanent home is here, not just a mailing address.² Without that, Virginia courts have no jurisdiction over your case.

You also have to live separate and apart, without cohabitation, before you can file:

Six months, if you have no minor children (born to either party and adopted by the other, or adopted by both) and you’ve signed a written separation agreement.³
One year, if you have minor children, or if you have no children but no written agreement.³

Separate houses make the separation easier to prove, but you can separate under the same roof. The standard is that you stopped living as a married couple and at least one of you intended the separation to be permanent.

The Documents You’ll Need to File

For an uncontested no-fault divorce, you’ll typically prepare all of the following:

Complaint for Divorce. The initial filing that identifies both spouses, states the date of marriage and separation, confirms residency, and asks the court to grant a divorce.
Property Settlement Agreement. A signed contract between you and your spouse covering how you’ll divide assets, debts, custody, visitation, child support, and spousal support.
Acceptance or Waiver of Service. A notarized form the non-filing spouse signs to confirm they’ve received the complaint and waive formal service by a sheriff.
Plaintiff’s Affidavit. A sworn, notarized statement by the filing spouse that gives the court the factual basis for the divorce.
VS-4 Statistical Form. A mandatory form that records demographic information for the Virginia Department of Health, including names, education levels, and number of children.
Final Decree of Divorce. The proposed court order that ends the marriage, which you draft and submit for the judge to sign.

If neither spouse can afford the filing fee, add Form CC-1414, the request for a fee waiver.⁴

Where to Get the Forms

Virginia is unusual in that it does not publish a standard divorce packet.¹ You have three practical options:

Use the Virginia Legal Aid guided interview. It’s free and generates most of the documents from your answers. Not every situation qualifies, so check before assuming it will cover your case.
Hire an attorney to draft the paperwork. Worth the cost if there are complicated assets, retirement accounts, or custody terms.
Draft the documents yourself using the statutory requirements as a guide. Call your local Circuit Court clerk’s office first, since judges in different jurisdictions expect specific formats and language.

The VS-4 statistical form is the one document you don’t draft. Your local clerk provides it.

What the Property Settlement Agreement Has to Cover

The Property Settlement Agreement is the backbone of an uncontested divorce. Without a signed agreement, your case isn’t uncontested, and the court will treat it as a contested matter with hearings, longer timelines, and higher costs.

Both spouses must sign voluntarily, and the terms need to be specific enough for a judge to enforce. Vague language about splitting things “fairly” won’t work. List accounts, real property, vehicles, and debts by name and assign each one clearly. If you have minor children, the agreement also has to address custody, visitation schedules, and child support.

The agreement also controls whether you qualify for the six-month separation window. Couples without minor children who haven’t signed a written agreement must wait the full year.³ Signing early can save you months.

What the Plaintiff’s Affidavit Has to Say

The affidavit is what replaces a courtroom hearing. Instead of appearing before a judge to testify, you submit a sworn, notarized statement. Virginia law allows this for uncontested no-fault divorces where the parties have resolved all issues by written agreement.⁵

Your affidavit must address, based on your personal knowledge:

Factual support for the grounds of divorce, including that both parties are over 18 and legally competent
Whether either party is incarcerated
The military status of the other spouse and whether they’ve waived rights under the federal Servicemembers Civil Relief Act
That at least one party was a bona fide Virginia resident for more than six months before filing
That the parties have lived separate and apart continuously, without cohabitation, with the intent to remain permanently separated, for the required statutory period
That the filing spouse wants a divorce on the no-fault ground
Whether there are minor children from the marriage and that neither party is known to be pregnant

You do not need a corroborating witness for a no-fault uncontested divorce. Virginia dropped that requirement in 2021, so the filing spouse’s own affidavit is enough.⁵ Any notary public can notarize it.

Waiving Service of Process

In a contested divorce, a sheriff or process server delivers the complaint. In an uncontested case, both spouses are cooperating, so Virginia law lets the non-filing spouse accept service or waive it entirely by signing a notarized document.⁶

For no-fault divorces, the waiver can be signed within a reasonable time before or after the complaint is filed, as long as a copy of the complaint is attached or otherwise provided and the non-filing spouse also signs the proposed final decree.⁶ The non-filing spouse can sign at any circuit court clerk’s office in Virginia, before the clerk or deputy clerk, under oath.

Filing the Package and Paying the Fee

You file everything with the Clerk of the Circuit Court in the city or county where either spouse lives. When the non-filing spouse has waived service, Virginia law lets you submit the complaint, affidavit, supporting documents, and proposed final decree all at once.⁵ Most clerk’s offices accept filings in person or by mail.

The base statutory clerk’s fee is $60, which includes a certified copy of the final decree.⁷ Some localities add technology fund charges or other court costs, so call your local clerk to confirm the total. Most accept cash, checks, money orders, and credit cards. If you can’t afford the fee, file Form CC-1414 to request a waiver, and the judge decides based on your financial situation.⁴

The Final Decree and What It Doesn’t Cover

You draft the Final Decree yourself and submit it as a proposed order for the judge to review and sign. It should incorporate your Property Settlement Agreement, either by attaching it or by referencing and ratifying its terms. If either spouse wants a former name restored, include that language too.

If the affidavit covers all seven required elements, the Property Settlement Agreement addresses all marital issues, and the proposed decree matches Virginia law, the judge signs without requiring anyone to appear. After the clerk mails you a certified copy, keep it. You’ll need it for name changes, insurance updates, and refinancing.

One boundary to know: the Final Decree by itself is not enough to divide a 401(k), pension, or other employer-sponsored retirement plan. Federal law under ERISA requires the plan administrator to receive a separate court order called a Qualified Domestic Relations Order before any benefits move between spouses.⁸ If your settlement divides retirement accounts, contact each plan administrator early to ask for their model QDRO template, since individual plans have their own formats.

1
Virginia Judicial System Court Self-Help. Divorce
2
Virginia Code Commission. Virginia Code 20-97 – Domicile and Residential Requirements for Suits for Annulment, Affirmance, or Divorce
3
Virginia Code Commission. Virginia Code 20-91 – Grounds for Divorce From Bond of Matrimony
4
Virginia Judicial System Court Self-Help. Filing Fees and Waivers
5
Virginia Code Commission. Virginia Code 20-106 – Testimony May Be Required to Be Given Orally; Evidence by Affidavit
6
Virginia Code Commission. Virginia Code 20-99.1:1 – How Defendant May Accept Service; Waive Service
7
Virginia Code Commission. Virginia Code 17.1-275 – Fees Collected by Clerks of Circuit Courts; Generally
8
Office of the Law Revision Counsel. 29 U.S. Code 1056 – Form and Payment of Benefits