Common Questions About Virginia County Divorce Filings

Which county should I file in?

You must file in the county where either you or your spouse meets the residency requirement. In Virginia, you need 6 months residency before filing. If you both live in Virginia but in different counties, you can typically choose to file in either county.

Can I file in a different county to save on filing fees?

No. You must meet the residency requirement for the county where you file. You cannot simply choose the cheapest county. However, if you're planning to move and haven't filed yet, establishing residency in a county with lower fees could save you money.

Do I need to appear in court in person?

Many Virginia counties now allow some hearings to be conducted remotely via Zoom or phone, especially for uncontested divorces. However, policies vary by county and judge. Check your specific county's rules or ask the clerk's office.

What if my spouse lives in another state?

You can still file for divorce in Virginia as long as you meet the residency requirement of 6 months. You'll need to serve your spouse according to Virginia's rules for out-of-state service.