Our 3StepDivorceTM Online Divorce for Virginia is offered with a peace-of-mind 100% guarantee.
We offer a 100% guarantee that the documents provided will be accepted by the Virginia courts to finalize your divorce.
In the event that the documents provided are not accepted by the Virginia court due to the fault of 3StepDivorceTM you will be provided a 100% refund (with no handling fee).
Our support staff will always give each individual customer personal attention should they have difficulty. We have both e-mail and phone support. This being said, prior to issuing a refund, we reserve the right to meet any courts requests regarding changes to the documents.
Virginia Residency Requirements
In suits for divorce, the county or city in which the parties last cohabited, or at the option of the plaintiff, in the county or city in which the defendant resides, if a resident of this Commonwealth, and in cases in which an order of publication may be issued against the defendant under § 8.01-316, venue may also be in the county or city in which the plaintiff resides. (Virginia Code - Title 8 - Sections: 8.01-261)
Virginia Divorce Grounds:
(1) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months. (Virginia Code - Title 20 - Sections: 20-91)
Virginia Property and Debt Division
Separate property is (i) all property, real and personal, acquired by either party before the marriage; (ii) all property acquired during the marriage by bequest, devise, descent, survivorship or gift from a source other than the other party; (iii) all property acquired during the marriage in exchange for or from the proceeds of sale of separate property, provided that such property acquired during the marriage is maintained as separate property; and (iv) that part of any property classified as separate. Marital property is (i) all property titled in the names of both parties, whether as joint tenants, tenants by the entirety or otherwise, except as provided by subdivision A 3, (ii) that part of any property classified as marital, or (iii) all other property acquired by each party during the marriage which is not separate property. The court will consider the following factors when dividing the property: a. The contributions, monetary and nonmonetary, of each party to the well-being of the family; b. The contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties; c. The duration of the marriage; d. The ages and physical and mental condition of the parties; e. The circumstances and factors which contributed to the dissolution of the marriage f. How and when specific items of such marital property were acquired; g. The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities; h. The liquid or nonliquid character of all marital property; i. The tax consequences to each party; j. The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and k. Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award. (Virginia Code - Title 20 - Sections: 20-107.3)
Virginia Spousal Support, Maintenance, or Alimony:
The court shall consider the following when making a support award: A. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature; B. The standard of living established during the marriage; C. The duration of the marriage; D. The age and physical and mental condition of the parties and any special circumstances of the family; E. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home; F. The contributions, monetary and nonmonetary, of each party to the well-being of the family; G. The property interests of the parties, both real and personal, tangible and intangible; H. The provisions made with regard to the marital property; I. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity; J. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability; K. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market; L. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and M. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties. (Virginia Code - Title 20 - Sections: 20-95 and 10-107.1 and 20-108.1)
Virginia Custody and Visitation:
Custody, whether joint or sole, will be awarded to the father or the mother or both based on the best interests of the children. There are no specific factors considered by the courts, but the following is a list of typical factors taken into consideration when determining a custody arrangement that is best for the children. These factors are, but are not limited to; the age of the children, the health of the children, the wishes of the children, the parental roles of each parent, and the needs of the children. (Virginia Code - Title 20 - Sections: 20-107.2)
Virginia Child Support:
Upon entry of a decree providing (i) for the dissolution of a marriage, (ii) for a divorce, whether from the bond of matrimony or from bed and board, (iii) that neither party is entitled to a divorce, or (iv) for separate maintenance, the court may make such further decree as it shall deem expedient concerning the custody or visitation and support of the minor children of the parties, including an order that either party provide health care coverage. The finding that rebuts the guidelines shall state the amount of support that would have been required under the guidelines, shall give a justification of why the order varies from the guidelines, and shall be determined by relevant evidence pertaining to the following factors affecting the obligation, the ability of each party to provide child support, and the best interests of the child: A. Actual monetary support for other family members or former family members; B. Arrangements regarding custody of the children; C. Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to the custodial parent when a child is not in school, child care services are not available and the cost of such child care services are not included in the computation; D. Debts of either party arising during the marriage for the benefit of the child; E. Debts incurred for production of income; F. Direct payments ordered by the court for health care coverage, maintaining life insurance coverage pursuant to subsection G, education expenses, or other court-ordered direct payments for the benefit of the child and costs related to the provision of health care coverage H. Extraordinary capital gains such as capital gains resulting from the sale of the marital abode; I. Age, physical and mental condition of the child or children, including unreimbursed medical or dental expenses, and child-care expenses; J. Independent financial resources, if any, of the child or children; K. Standard of living for the family established during the marriage; L. Earning capacity, obligations and needs, and financial resources of each parent; M. Education and training of the parties and the ability and opportunity of the parties to secure such education and training; N. Contributions, monetary and nonmonetary, of each party to the well-being of the family; O. Provisions made with regard to the marital property P. Tax consequences to the parties regarding claims for dependent children and child care expenses; Q. A written agreement between the parties which includes the amount of child support; R. A pendente lite decree, which includes the amount of child support, agreed to by both parties or by counsel for the parties; and S. Such other factors, including tax consequences to each party, as are necessary to consider the equities for the parents and children. (Virginia Code - Title 20 - Sections: 20-107.2, 20-108.1 and 20-108.2)
How Do I Know if I Should File in Virginia?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the Virginia Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in Virginia?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in Virginia?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in Virginia?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
Virginia Forms: Our question and answer technology will allow you to easily complete your Virginia divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.Virginia Divorce Forms List
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A total of 81 people have started their divorce through 3StepDivorceTM in the last 24 hours and 775 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Virginia. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorce TM you can complete and print your Virigina divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in the state of Virginia in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce, learn more about getting your Separation Agreement or learn more about the basics of divorce in Virginia and how to do your own divorce in Virginia . Also, If you have any questions try visiting our Virginia Divorce Online Help Center .
Filing for divorce can seem overwhelming. Like starting almost any other legal proceeding, it takes finding the right forms, filling out the forms properly, and understanding the court’s requirements for the next steps you’ll need to take.
Traditionally, most people have hired a lawyer to take care of all the legal matters in their divorce. But more and more couples are turning to another option that’s cheaper yet easier than figuring out everything on their own: filing for divorce online.
If you want to know more, read on for answers to some of the most common questions about online divorce in Virginia.
Virginia 3StepDivorce™ takes care of the divorce paperwork for you. Once you sign up for the service, you’ll answer some questions about your situation. Based on your responses to the questionnaire, Virginia 3StepDivorce™ will fill out the forms the state requires to start the divorce process, along with instructions for adding any further information that’s needed. You’ll be able to print out the forms yourself immediately or, if you prefer, get hard copies by mail.
Virginia has two basic requirements to file for divorce in the state: a residency requirement, and a legally recognized reason for ending your marriage.
If you want to get divorced in Virginia, you or your spouse must have been a resident of the state for at least six months before you file your paperwork. (Va. Code § 20-97 (2022).)
Like all states, Virginia requires you to declare a legal reason (or “ground) for divorce in your initial paperwork. Unlike most other states, however, Virginia doesn’t allow you simply to state that your marriage is permanently broken or that you and your spouse have “irreconcilable differences.” If you want to file for a “no-fault” divorce, you and your spouse must have lived “separate and apart” for an uninterrupted period of time before you filed the initial paperwork. Generally, the separation must have lasted for at least a full year. But if you have a settlement agreement (more on that below) and no minor children with your spouse, you can get a divorce after six months of living separately. (Va. Code § 20-91(9) (2022).)
The only other legal grounds for divorce in Virginia are based on claims that your spouse engaged in certain kinds of misconduct, like adultery, desertion (for a year), or cruelty that causes fear of injury. But when you file for divorce based on one of these “fault” grounds, you’ll have to prove your claims in court proceedings, and your case won’t qualify as an “uncontested divorce” (more on that below).
Many Virginians are finding that they can get through the process without the expense of hiring a lawyer if they’re filing for an “uncontested divorce” in the state. That means they’ve agreed with each other about all of the legal issues in their divorce, including:
If you still have disagreements with your spouse about these or any other issues involved in ending your marriage, you’ll have to file for a traditional, contested divorce. Because that will usually involve legal battles and presenting evidence and arguments at court hearings, it would be risky to pursue a contested divorce without a lawyer to navigate the process for you–especially if your spouse has an attorney.
You may use Virginia 3StepDivorce™ as long as you have an uncontested divorce, and you meet the state’s residency and separation requirements. You’ll need to have a written settlement agreement (known in Virginia as a “separation agreement” or “property settlement agreement”), signed by both you and your spouse, that covers all of the issues in your divorce. Virginia 3StepDivorce™ will create this agreement for you, based on your answers to the questionnaire—which serves as a guide for the provisions and options you should consider.
Virginia 3StepDivorce™ can also help if you aren’t ready to file for divorce—for instance, because you haven’t been separated long enough to qualify for a no-fault, uncontested divorce—but you want a separation agreement with your spouse. For instance, you might want to work out arrangements for support, custody of your children, who has to move out of the family home, and how to take care of the bills while you’re separated but still legally married.
Just because you haven’t been able to agree with your spouse about everything in your divorce, that doesn’t necessarily mean that you have to go through an expensive and time-consuming contested divorce. You could try divorce mediation. If you’re able to resolve your disagreements with the mediator’s help, you can then use Virginia 3StepDivorce™ to prepare your written settlement agreement, along with the other divorce paperwork.
Generally, you can use Virginia 3StepDivorce™ even when you have minor children with your spouse, as long as you agree on all of the issues related to your kids, including legal and physical custody, a parenting (visitation) schedule, child support, health and dental insurance, and tax deductions. Virginia 3StepDivorce™ will allow you to address these issues in your settlement agreement. We provide a standard parenting schedule, but you’ll be able to customize the schedule to meet your individual needs.
However, you won’t be able to address custody-related issues with Virginia 3StepDivorce™ if the affected child or children don’t meet the “home state” requirement. Usually, that means the child must have lived in Virginia with a parent (or a parent figure) during the entire six-month period before you file for divorce (or since birth if the child is younger than six months old). If you don’t meet the six-month rule, you should speak with an attorney to find out whether you might qualify for one of the complicated exceptions to this rule. (Va. Code § 20-146.12) (2022).)
In Virginia, both parents have an obligation to support their children. And like all states, Virginia has child support guidelines for calculating how much support the parents should pay, based largely on their incomes and custody arrangements.
3StepDivorce™ provides the Virginia Child Support Guideline Worksheets, so you can easily calculate the state's guideline level of support. You and your spouse may agree to an amount of child support that differs from the guideline amount, but the judge will review your agreement to determine if the amount of support is reasonable and is in your children’s best interests.
In your settlement agreement, you and your spouse may include child support provisions that aren’t legally required, such as a parent’s contributions to private school tuition or the cost of a child’s college education. You may also agree on some specific future events that will trigger a change in child support, such as when you’ll no longer need to pay for child care.
After your divorce in Virginia is final, you (or your spouse) may request a change in the amount of child support, but you’ll need to show that your circumstances have changed significantly. The judge will review your request based on the same legal requirements for an original child support order.
If you want to save the time and expense of a court battle over a request to modify child support, you and your spouse may agree to a modification on your own. But you’ll need to submit your written modification agreement to the court, so that a judge will incorporate it in a new support order.
When you fill out your questionnaire for Virginia 3StepDivorce™, you’ll answer a series of questions about your separate and marital property and debts, including how you’ll divide your marital property and allocate responsibility for payment of the marital debts.
If you own a home with your spouse, your agreement can spell out what will happen to it when you get divorced. Here again, the questionnaire will include a few questions about the property and how you’ve chosen to deal with it, such as:
selling the house and splitting the proceeds
transferring ownership to one spouse, with the other spouse receiving money or other assets in exchange for that spouse’s share, or
continuing to own the property together while allowing one spouse to stay in the house for a period of time (and, if so, how you’ll handle paying the mortgage and other ongoing costs).
In your Virginia 3StepDivorce™, you may also agree on whether and how you’ll divide any retirement accounts that you and your spouse have, including 401(k)s, individual retirement accounts (IRAs), and defined-benefit pensions.
If you started contributing to the retirement plan before you were married, you’ll start by figuring out how much of its current value is marital property and how much is your separate property. There are experts and firms that will do this for you (for a fee, of course). The service is usually known as a pension appraisal or valuation. You’ll almost always need this kind of expert help when you’re dealing with a defined-benefit pension.
Once you know the marital value of your work-related retirement accounts, the easiest way to handle the division of the assets is not to split them but to transfer other assets as an offset. Here’s how that works: Say you have a 401(k) through your job, and the marital portion of the account is worth $100,000. If you and your spouse agree to divide that portion down the middle, and you have other marital assets to divide (such as a regular savings account), your spouse could receive an extra $50,000 from those assets while you keep the entire 401(k). That way, you don’t have to hire another expert to prepare the kind of special order that’s needed to tell the 401(k) administrator how to divide the account.
The rules are different for IRAs. You may simply agree to have your spouse’s share transferred to another IRA account in that spouse’s name. (You’ll have to submit a special form to the bank, along with a copy of your divorce decree.)
You and your spouse may waive any right to alimony in your Virginia divorce, or you may agree on the specifics of alimony payments: who will pay, how much, and for how long. Your agreement may also state whether a court could modify alimony at any time in the future, and it could cover related issues like health insurance and life insurance.
When you get your completed forms with South Carolina 3StepDivorce™, your next step will be to take the paperwork for filing with the court clerk’s office in any of the Virginia circuit courts. However, if your spouse objects to the court where you filed (known as the “venue”), the court might transfer the case to the county or city:
where you last lived with your spouse as a married couple
where your spouse lives now (if that’s your second choice), or
if you weren’t able to serve your spouse personally with the divorce papers (as explained below), where you live.
(Va. Code § 8.01-261(19) (2022).)
(Learn more about the process of filing for divorce in Virginia.)
The court fee for filing divorce papers in Virginia varies from county to county, but it’s usually around $90. You can calculate the exact fees in any county by using Virginia's Circuit Court Civil Filing Fee Calculator.
If you can’t afford the divorce filing fee, you may request a waiver by filing a Petition for Proceeding in No-Fault Divorce Without Payment of Fees or Costs. The court will let you know if you qualify for a waiver based on your income.
Unlike many other states, Virginia doesn’t have a mandatory waiting period before you can get a final divorce. You should be able to get an uncontested divorce quickly, but the exact amount of time will depend on a few circumstances in your case.
For instance, if your spouse has agreed to accept the divorce papers directly from you (by signing an Acceptance/Waiver of Service of Process) and has signed all of the appropriate documents (including the settlement agreement and proposed final divorce decree), the court may schedule a hearing on your divorce as soon a time slot is available on the court’s docket.
And in some counties, you might be able to get a final uncontested divorce without having to attend a hearing, if you submit an affidavit. You may include the signed and notarized form when you file the rest of your paperwork for an uncontested divorce. (Va. Code § 20-99.1:1 (2022).) Check with the court clerk where you file your divorce papers to find out if this is an option for you.
Virginia 3StepDivorce™ provides unlimited, live, person-to-person support for customers. If you have any questions about how uncontested divorce works, call our Virginia Divorce Online Help Center at (888) 665-6782 (toll free), Monday through Friday from 8 am to 5 pm (Pacific Time).
Please keep in mind that we are not lawyers and so cannot give out legal advice. If you have questions about Virginia law or need legal advice, we recommend that you contact an experienced family law attorney in your area.
3StepDivorce TM is a premium online divorce solution, a sister company of Divorce Source, the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
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