Home Virginia Uncontested Divorce Kit
2026 edition • Virginia Circuit Court Filing RoadmapVirginia Uncontested Divorce Kit
Sign your Property Settlement Agreement, file your Bill of Complaint, and pursue a no-fault divorce in your Circuit Court — on the timeline the statute actually allows.
- PSA, Bill of Complaint & Affidavit templates — not a simplified 3-form summary
- Step-by-step filing instructions for your Circuit Court, in plain English
- Free eligibility check before you pay anything
- Instant PDF download — $129 one-time, no subscription
Takes 2 minutes to check · no commitment
“Gave me peace of mind knowing the forms were correct.”
Brian B. · Richmond, Virginia
Do You Meet the Separation Requirement?
Virginia's separation-time rules are specific. Check below to see which timeline applies to you.
Use this kit if:
- You or your spouse has been an actual Virginia resident and domiciliary for at least 6 months before filing.
- You have a signed separation agreement and no minor children born of the marriage or adopted by both of you — you may qualify after 6 months apart.
- Otherwise — no agreement, or you have qualifying minor children — you'll need 1 full year of continuous separation.
- You agree to file on the no-fault ground: living separate and apart, without cohabitation, without interruption.
Talk to a lawyer if:
- You haven't yet completed the separation period that applies to your situation.
- You want to file on a fault ground (adultery, cruelty, desertion) instead of no-fault.
- Your spouse won't sign an Acceptance/Waiver of Service, can't be located, or is out of state.
- You have minor children together, or complex assets (real estate, pensions, a business) not fully resolved by a simple agreement.
"No Hearing Needed" Is Conditional — Not a Promise
Va. Code § 20-106 lets some no-fault cases proceed on paper — but the judge still decides.
Affidavits only in three situations
On the no-fault ground, you may present evidence by affidavit or deposition — without needing the court's permission — only where (1) a written settlement resolves everything, (2) no issue remains except the divorce itself, or (3) your spouse was personally served and never responded. Even then, the judge may still require oral testimony.
A signed PSA is not "service"
Your spouse's willingness to sign a Property Settlement Agreement doesn't waive service or notice by itself. A valid waiver requires a separate, voluntarily executed notarized Acceptance/Waiver of Service — for no-fault cases, signed before or after filing as long as a copy of the complaint is attached or provided.
We can't promise a specific hearing outcome or timeline — no honest DIY product can, and your judge and Circuit Court Clerk make the final call. Our guide focuses on assembling complete, correctly executed paperwork the first time, since missing documents are what actually cause delays.
Why Use a Virginia PSA & Filing Kit?
The Property Settlement Agreement is the document that resolves property, debt, and support terms between spouses. A valid separation agreement is one of two conditions for the shorter separation timeline — but it doesn't file itself, and it doesn't replace proper service on your spouse.
Save Thousands
You do the filing yourself and keep the difference between a lawyer's fee and a one-time kit price — see the breakdown alongside.
The Real Service & VS-4 Requirements, Explained
We walk you through the notarized Acceptance/Waiver of Service and the VS-4 divorce report field by field — the exact items clerks reject filings for when they're missing or incomplete.
Your Total Out-of-Pocket
*The statewide Circuit Court fee schedule (revised July 2026) lists $89 as the basic clerk's filing cost for a divorce case; add roughly $12–$25 for sheriff service if you don't have a signed Acceptance/Waiver of Service. Fees can vary slightly by locality and are subject to change. Confirm your court's current total with the Circuit Court Fee Calculator before filing. Attorney figure is an illustrative estimate, not a quote.
What's Inside the Kit
A plain-English guide to the real Virginia uncontested-divorce filing packet.
Property Settlement Agreement
- A comprehensive PSA template for agreed, no-minor-children cases
- One of the two statutory conditions for the shorter 6-month separation timeline
Core Filing Packet
The documents an agreed, no-fault case needs, plus guidance on the court's own forms:
Venue & Filing Checklist
- Which Circuit Court has proper venue — typically where you last lived together, or where an in-Virginia spouse resides
- What to confirm with the Clerk before you file
What this kit does not include
- Cases involving minor children — custody, visitation, and child support require a fact-specific best-interests analysis under separate Virginia statutes
- Fault-ground divorces (adultery, cruelty, desertion) or any contested proceeding
- Cases where your spouse won't sign an Acceptance/Waiver of Service, is out of state, or can't be located
- Real estate, retirement accounts/pensions, business interests, or other complex property not fully resolved by a simple agreement
- A guarantee that a hearing will be waived, that the judge will accept your paperwork as submitted, or that your case finalizes on any particular timeline
- Your Circuit Court's own $89+ filing and service costs — separate from our $129 price
- Coverage for domestic-violence situations, military/SCRA issues, pregnancy, or bankruptcy — those need a different approach and often an attorney
PlainDivorce is a private publisher, not affiliated with, endorsed by, or approved by the Virginia Judicial System or any Circuit Court. The Circuit Court Clerk's office provides its own current forms and local requirements; using our guide does not certify any document as court-approved or guarantee it is sufficient for your case. Always confirm current requirements with your Circuit Court Clerk before filing.
A plain-English companion to Virginia's own domestic-relations statutes, for filing in your local Circuit Court.
How It Works
A roadmap to your Final Decree — not a promised timeline, since your Circuit Court's own schedule and case facts both matter.
Confirm Your Timeline & Sign the PSA
Work out whether the 6-month or 1-year separation period applies to you, then both spouses sign the notarized Property Settlement Agreement.
File the Bill of Complaint
Once your separation period is met, file your Bill of Complaint with the correct Circuit Court Clerk and pay the filing fee — confirm the current amount with your clerk.
Get a Valid Waiver or Serve Your Spouse
Have your spouse sign a notarized Acceptance/Waiver of Service, or arrange proper service — a signed PSA alone isn't enough.
Court Review & Final Decree
Submit your Affidavit and proposed Final Decree. The judge may decide on the papers alone or require testimony, then completes the VS-4 report with the clerk.
Simple Pricing vs. Lawyer Fees
| Feature | PlainDivorce Kit | Typical Lawyer |
|---|---|---|
| Total Cost | $129 | $2,500+ |
| Process Control | You set the pace (DIY) | Lawyer's schedule |
| Includes Forms? | Yes (PSA, Complaint, Affidavit & more) | Yes |
Secure One-Time Payment · No Subscriptions
If Your Case Isn't Eligible, You Get Your Money Back
If you buy the kit and then discover you have minor children together, want to file on a fault ground, your spouse won't cooperate with service, you own real estate or a retirement account, need a business valued, there's a domestic-violence situation, or another circumstance this kit isn't built for, email us within 30 days and we will refund you in full. We would rather lose the sale than have you file something that doesn't fit your situation.
Refunds are handled by our support team. See our Terms of Use for full details.
What Our Clients Say
Real stories from people who used PlainDivorce to complete their own filing.
4.7 out of 5 based on 300+ customer reviews
Customer reviews are collected from purchasers and support conversations. Names may be shortened for privacy, and individual results vary by court, case facts, and filing requirements.
“It felt like having a lawyer guiding me, but without the cost. Very intuitive.”
Sarah Z.
Virginia Beach
“Professional quality documents. Looked exactly like what a law firm produces.”
Isabella C.
Richmond
“Saved my savings account. Divorce doesn't have to break the bank.”
Anna V.
Chesapeake
“Cheap in price, high in quality. The documents were perfect.”
Eric D.
Richmond
“Gave me peace of mind knowing the forms were correct.”
Brian B.
Richmond
Frequently Asked Questions
How long do we have to be separated?
If you have a signed separation agreement and no minor children born of the marriage or adopted by both of you, you may qualify after 6 months apart (Va. Code § 20-91(9)(a)). Everyone else needs 1 full year of continuous separation without cohabitation. A PSA alone does not shorten the timeline if you have qualifying children.
What is a Property Settlement Agreement (PSA)?
A PSA is a contract between you and your spouse resolving property, debt, and support terms. A court may affirm, ratify, and incorporate a valid agreement into the final decree — but the judge, not the agreement itself, has to grant the divorce.
Do I have to go to a court hearing?
Sometimes not. On the no-fault ground, Va. Code § 20-106 allows evidence by affidavit or deposition without a hearing only where a written settlement resolves everything, no issue remains but the ground itself, or your spouse was served and never responded. Even then, the judge may still require oral testimony — it is the court's call, not a guarantee.
My spouse is willing to cooperate — does that mean service is waived?
Not automatically. A spouse's willingness to sign a PSA is not service and does not by itself waive notice. A valid waiver requires a separate, voluntarily executed, notarized Acceptance/Waiver of Service (Va. Code § 20-99.1:1) — which can be signed before a Circuit Court Clerk. Without it, formal service is required.
What if we have minor children together?
This kit is built for agreed, no-fault cases with no qualifying minor children. Custody, visitation, and child support require a separate best-interests analysis under Va. Code §§ 20-124.2 and 20-124.3, with no presumption for any particular arrangement — a generic PSA and decree cannot resolve those issues.
What does it cost to file, beyond the kit price?
The statewide Circuit Court fee schedule (revised July 2026) lists $89 as the basic clerk's filing cost for a divorce case. If you don't have a signed Acceptance/Waiver of Service, add roughly $12–$25 for sheriff service. These go to the court, not to us. Confirm your court's current total with the Circuit Court Fee Calculator before filing.
Where do I file?
Preferred venue is normally the Circuit Court for the locality where you and your spouse last lived together, or at your option the locality where an in-Virginia spouse resides. Your own locality is available only in certain cases requiring service by publication.
What is the VS-4, and who fills it out?
The VS-4 is the divorce/annulment report required by Virginia Vital Records. The petitioner or their attorney supplies the required information on the Board-prescribed form; the Circuit Court Clerk then forwards each final decree's report to the State Registrar by the 10th of the following month.
Is this an official, court-issued kit?
No. The Virginia Judicial System and your local Circuit Court Clerk provide their own current forms and local requirements. Our kit is a private, independently written guide to completing the real filing packet; it is not issued, approved, or endorsed by any Virginia court.
What if it turns out my case isn't right for this kit?
Email support within 30 days and we will refund you in full. See our Terms of Use for details. We are not a law firm, cannot give legal advice, and cannot appear or file on your behalf — you file with the court yourself.
Important Legal Disclaimer
PlainDivorce is not a law firm and is not affiliated with, endorsed by, or approved by the Virginia Judicial System or any Virginia Circuit Court. We do not provide legal advice, do not represent you in court, and no attorney-client relationship is created by using this site or the kit. The Virginia Uncontested Divorce Kit is a self-help information product explaining Virginia's own domestic-relations statutes and court forms; it is not a certification that any document or process is court-approved for your specific case.
We do not guarantee that your spouse will accept or cooperate with service, that a hearing will be waived, that a judge will enter your decree as submitted, or that your case will finalize within any particular timeframe. Circuit Court fees (a basic $89 filing cost as of the July 2026 fee schedule, plus service and any locality-specific costs, subject to change) are separate from, and not included in, our $129 price; you are responsible for verifying current requirements and fees with your Circuit Court Clerk before filing. This kit does not cover cases involving minor children, fault grounds, real estate, retirement account division, or business interests.
If you are experiencing domestic violence, coercion, or feel unsafe, do not rely on a self-help filing in place of legal advice or protective measures. Contact a family law attorney or the National Domestic Violence Hotline at 1-800-799-7233.
Content last reviewed: September 2026.