SIMPLIFYING YOUR DIVORCE

Which Virginia Divorce Forms Will You Need?

The paperwork you'll encounter depends on the kind of divorce you're pursuing and whether children, property, or support are involved. Because Virginia doesn't offer a uniform statewide packet, the exact form names and numbers can vary from one circuit court to the next. Below are the documents most commonly used, grouped by what they do. Remember, this is a general overview, not a checklist for your specific case.

Starting the Case

These forms are typically used to open a divorce action in circuit court.

• Cover Sheet for Filing Civil Actions (CC-1416)
  A required cover sheet filed with all new civil actions in circuit court, including divorce complaints.

• Bill of Complaint / Complaint for Divorce
  The pleading that initiates a divorce action. There is no single statewide numbered form for this; circuit courts provide local templates or parties draft their own, and some counties offer a packet.

• Report of Divorce or Annulment (VS-4)
  A statewide vital-records statistical form required by Va. Code § 32.1-268. The petitioner or attorney furnishes the required information to the clerk of court, who certifies and files the report with the Virginia Department of Health.

• Petition for Proceeding in No-Fault Divorce Without Payment of Fees and Costs (CC-1421)
  A statewide form used when a petitioner requests to proceed in a no-fault divorce case without paying filing fees or costs.

• Confidential Addendum for Protected Identifying Information (CC-1426)
  Filed to keep Social Security numbers and other sensitive identifying details out of the public record in circuit court filings.

Responding to a Divorce

When one spouse has filed, these forms are used by the other party to respond.

• Waiver or Acceptance of Service of Process and Waiver of Future Service
  Used when a respondent waives formal service of process, common in uncontested divorces. There is no single statewide form number; it is provided locally by individual circuit courts.

• Answer / Answer and Cross-Complaint
  The respondent's formal response to the complaint. There is no statewide numbered form; it is drafted by the parties or provided as a local court template.

Financial & Disclosure Forms

These forms are used to document income and financial details, particularly where support is at issue.

• Notice of Information Required in Child/Spousal Support Proceedings (DC-603)
  A Juvenile and Domestic Relations District Court form requiring parties to disclose financial information in support proceedings.

• Financial Statement / Affidavit of Moving Party
  A sworn financial disclosure used in uncontested divorces. There is no single statewide numbered form; it is provided locally by each circuit court (for example, Chesapeake calls it the Affidavit of Moving Party).

Forms for Divorces With Children

When minor children are involved, additional forms address custody, visitation, and child support. Virginia calculates child support using statewide guidelines worksheets rather than a single petition-style form.

• Affidavit (Uniform Child Custody Jurisdiction and Enforcement Act) (DC-620)
  Used in custody and visitation matters to establish which state has jurisdiction over the child under the UCCJEA.

• Information Considered In Child Custody/Visitation Proceedings (DC-574)
  Provides the court with background information relevant to a custody or visitation determination.

• Child Support Guidelines Worksheet (DC-637)
  The statewide worksheet used to calculate child support under Virginia's guidelines for a standard custody scenario.

• Child Support Guidelines Worksheet — Split Custody (DC-638)
  The statewide worksheet for calculating child support when children are split between parents.

• Child Support Guidelines Worksheet — Shared Custody (DC-640)
  The statewide worksheet for calculating child support under shared custody arrangements.

• Motion to Transfer Support, Custody and/or Visitation to Juvenile and Domestic Relations District Court (CC-1423)
  A statewide circuit court form used to transfer ongoing support, custody, or visitation jurisdiction to the JDR District Court after divorce.

Settlement or Separation Agreement

A written agreement resolving property, debt, and support is central to certain no-fault tracks.

• Property Settlement Agreement / Separation Agreement
  Required for the six-month no-fault track when there are no minor children. It divides property, debt, and spousal support. There is no official statewide court form; parties draft their own or use local templates (some counties, such as Stafford, provide a sample template).

Finalizing Your Case

These documents are used to complete the divorce and put support orders into effect.

• Final Decree of Divorce
  The court order granting the divorce and resolving all issues. There is no single statewide numbered form; circuit courts provide local templates, and some courts offer multiple versions (with or without children, with or without support).

• Motion and Notice of Proposed Payroll Deduction Order for Support (CC-1450 / DC-617)
  Used to establish wage withholding for court-ordered support. The circuit court version is CC-1450; the JDR court version is DC-617.

Where to Get Virginia Divorce Forms

Because Virginia handles divorce paperwork at the local level, there's no one-stop download for everything. Here are the main places people turn to.

Official State Courts Site

The statewide CC- and DC-numbered forms (such as the fee waiver, cover sheet, confidential addendum, support transfer motion, and child support worksheets) are available on the Virginia courts website. You can find circuit court civil forms at vacourts.gov. Note that the official site states there are no official court forms dealing with the process of spousal separation or divorce itself, so the core pleadings often come from your local court.

County Clerk or Circuit Court

Because each circuit court publishes its own local divorce packets and templates, the clerk's office in your jurisdiction is often the most reliable source for the complaint, answer, separation agreement template, and final decree. Counties like Fairfax, Arlington, Virginia Beach, Chesapeake, Prince William, and Rockingham each provide their own materials, and form names and numbers vary by locality.

Legal Aid & Self-Help Resources

Virginia's official self-help guidance points users to VALegalAid.org and the Virginia State Bar pamphlet "Divorce in Virginia." These resources can help you understand the process and your options at no or low cost.

Online Divorce Services (Divorce.com)

If you'd rather not chase down forms court by court, an online service can help you prepare divorce paperwork based on the information you provide. Divorce.com guides you step by step, which is especially helpful given how much Virginia paperwork varies by county.

Hire an Attorney

For contested cases, complex assets, or situations where you simply want professional guidance, working with a Virginia family law attorney is an option. An attorney can advise you on what applies to your specific circumstances.

The Virginia Divorce Process

While the details depend on your county and your circumstances, most Virginia divorces follow a general path. Here's how it typically unfolds.

1. Confirm Residency

At least one party must have been an actual bona fide resident and domiciliary of Virginia for at least six months immediately preceding the filing. Military personnel stationed in Virginia for six months or more are presumed to meet this requirement (Va. Code § 20-97).

2. File the Complaint

The divorce begins when the complaint (bill of complaint) is filed in circuit court, along with the cover sheet (CC-1416) and the Report of Divorce or Annulment (VS-4). A confidential addendum (CC-1426) may accompany filings that contain sensitive identifying information.

3. Serve the Other Party

The responding spouse is notified of the case. In uncontested divorces, the respondent may sign a Waiver or Acceptance of Service rather than being formally served.

4. Exchange Financial Information & Reach Agreement

Where support is involved, financial disclosure forms come into play (such as DC-603 or a local financial affidavit). For the six-month no-fault track with no minor children, a signed Property Settlement Agreement is part of the picture. If children are involved, custody forms and the appropriate child support guidelines worksheet (DC-637, DC-638, or DC-640) are used.

5. Observe the Waiting/Separation Period

Virginia's no-fault grounds require a separation period before the divorce can be finalized (see the requirements section below). Uncontested divorces may proceed entirely on written affidavit under Va. Code § 20-106, without an in-person (ore tenus) hearing, if the court accepts affidavit testimony.

6. Final Decree & Certified Copies

The court enters the Final Decree of Divorce, which resolves all issues. If wage withholding for support is needed, a payroll deduction order (CC-1450 / DC-617) may be entered. You can request certified copies of the decree for your records.

Virginia-Specific Requirements You Should Know

Virginia has several features that set it apart from other states. Understanding them helps the rest of the paperwork make sense.

Residency

At least one spouse must have been a bona fide resident and domiciliary of Virginia for at least six months before filing. Military members stationed in the state for six months or more are presumed to meet this rule (Va. Code § 20-97).

Property Regime: Equitable Distribution

Virginia is an equitable distribution state. This means marital property and debt are divided fairly, which is not always the same as equally, rather than split 50/50 automatically as in community property states.

Grounds for Divorce

Virginia recognizes both no-fault and fault grounds (Va. Code § 20-91). No-fault grounds are: (1) living separate and apart without cohabitation and without interruption for one year, which either party may file on; and (2) a six-month separation if the parties have no minor children and both have signed a written property settlement or separation agreement. Fault grounds include adultery; sodomy or buggery committed outside the marriage; a felony conviction with imprisonment exceeding one year (where the parties have not resumed cohabitation after learning of the confinement); cruelty or reasonable apprehension of bodily hurt; and willful desertion or abandonment. Virginia also recognizes divorce from bed and board, a legal separation in which parties cannot remarry, on grounds of cruelty, reasonable apprehension of harm, or desertion/abandonment.

Two Types of Divorce

Virginia distinguishes between divorce from the bond of matrimony (an absolute divorce, after which parties may remarry) and divorce from bed and board (a limited divorce or legal separation, where parties remain legally married and cannot remarry).

Waiting Period

No-fault divorce requires one year of continuous separation, or six months if there are no minor children and a signed property settlement agreement is in place. Fault grounds based on adultery, sodomy, or buggery have no mandatory waiting period after the act itself, while cruelty and desertion require one year of separation before filing. There is no separate judicial cooling-off period beyond the separation requirement.

Other Notable Points

A mandatory parent education seminar (minimum four hours, capped at $50) is required in contested cases involving custody or visitation of minor children under Va. Code §§ 16.1-278.15 and 20-103; it is not required in uncontested cases absent good cause. Child support is calculated using statewide guidelines worksheets (DC-637, DC-638, DC-640) rather than a single petition-style form. Divorce actions are filed in Circuit Court, while ongoing support, custody, and visitation matters after divorce are handled by the Juvenile and Domestic Relations District Court. Virginia does not have covenant marriage.

Common Mistakes to Avoid

A little awareness goes a long way toward keeping your case on track.

Assuming There's a Statewide Form Packet

Many people search for an official Virginia divorce form set that doesn't exist. The state explicitly notes there are no official court forms for the divorce process itself, so the complaint, answer, and decree usually come from your local circuit court.

Using Forms From the Wrong County

Because templates and form names vary by locality, using another county's packet can cause delays. It helps to verify current requirements with the specific circuit court clerk where you'll file.

Overlooking the VS-4

The Report of Divorce or Annulment (VS-4) is a statewide vital-records form required by law at divorce filing. It's easy to forget because it isn't a pleading.

Misjudging the Separation Track

The six-month no-fault track is only available when there are no minor children and both spouses have signed a property settlement agreement. Otherwise, the one-year separation period applies. Confirming which track fits your situation early can prevent surprises.

Forgetting the Confidential Addendum

Sensitive identifying information like Social Security numbers belongs on the Confidential Addendum (CC-1426) rather than in the public record.

How Divorce.com Can Help

Virginia's county-by-county approach to divorce paperwork is exactly the kind of thing that makes people put off filing. That's where an online service can take a lot of the guesswork out of the process. Divorce.com helps you prepare your divorce documents based on your answers, so you're not left wondering which template applies or what comes next.

• Step-by-step guidance through the paperwork, in plain language

• Documents prepared from the information you provide

• A clear, organized process designed for uncontested divorces

• Support that helps you avoid common filing mistakes

• An affordable alternative to navigating county forms on your own