Virginia Divorce Forms — What You Need and Where to Get Them (2026)

⚠️ Virginia has no statewide divorce forms. There is no official Virginia divorce form packet available from the state. Each Circuit Court uses its own local forms. You must get forms from the Clerk of the Circuit Court in your county — either from the court's website or by visiting the clerk's office in person.

This page explains what each required document is and what it must contain, so you can complete your local forms correctly.

Disclaimer: General legal information only. Consult a licensed Virginia family law attorney for guidance specific to your situation.

Where to Get Virginia Divorce Forms

Forms from one county may not be accepted in another county's court. Always use your specific circuit's forms.

Core Filing Documents

Bill of Complaint for Divorce

The initiating document in a Virginia divorce — not called a "Petition". It is filed by the Plaintiff (the spouse initiating the divorce) and must include:

• Full names of both parties
• Date and place of marriage
• Virginia residency (which spouse, for how long, in which county)
• Names and ages of minor children, if any
• Ground for divorce and supporting facts:
  • For no-fault separation: the separation date, the required period, and whether the parties have no minor children and have a signed PSA (6-month period) or the 1-year period applies
• Reference to the Property Settlement Agreement (if one exists)
• Relief requested: absolute divorce, incorporation of PSA, equitable distribution (if not covered by PSA), spousal support (if applicable), name restoration (if requested), other relief

The Bill of Complaint is signed by the Plaintiff and verified (sworn to) before a notary.

Summons

Issued by the Clerk's office after the Bill of Complaint is filed. Directs the Defendant (your spouse) to appear or respond within 21 days of service.

Property Settlement Agreement (Separation Agreement)

Not a court form — a private contract negotiated between the parties covering all financial and custody issues:

• Division of real property (home, other real estate)
• Division of financial accounts (bank, investment, retirement)
• Debt allocation
• Spousal support (amount, duration, and termination events — or a mutual written waiver)
• If children: legal and physical custody, parenting time schedule, child support amount, health insurance, uninsured medical expenses
• QDRO instructions (which retirement plans require a QDRO)
• Vehicle ownership
• Personal property
• Attorney's fees

Both parties sign before a notary. The PSA is incorporated by reference into the Final Decree of Divorce and becomes a court order.

Virginia courts scrutinize PSAs for basic fairness. A PSA that is grossly one-sided may not be approved.

Acceptance of Service / Waiver of Service

In a cooperative divorce, the Defendant (your spouse) signs this form acknowledging receipt of the Bill of Complaint and Summons and waiving formal service by the sheriff or process server. Typically notarized.

Waiver of Answer / Consent to Entry of Decree

In an uncontested divorce, the Defendant typically signs a Waiver of Answer — waiving the 21-day response period and consenting to the entry of a Final Decree based on the Bill of Complaint and PSA.

Grounds Affidavit / Corroborating Witness Affidavit

A sworn statement from the corroborating witness — a person other than the parties who can verify the separation.

The affidavit typically states:

• The witness's name, relationship to the Plaintiff, and how they know the parties have been living apart
• The date they first became aware of the separation
• That the parties have continuously lived separate and apart since that date
• That there has been no reconciliation

This affidavit (or live deposition before a Commissioner in Chancery) is required in every Virginia divorce — no exceptions. Without corroboration, the divorce cannot be granted.

Plaintiff's Affidavit / Deposition

Your own sworn testimony, either written (affidavit) or oral (deposition before a Commissioner in Chancery), covering:

• Identity, residency, marriage facts
• The ground: separation date, continuous separation, no reconciliation
• That the PSA was freely and voluntarily entered
• Relief requested

Commissioner in Chancery

In many Virginia circuits, uncontested divorce depositions are taken by a Commissioner in Chancery — an attorney appointed by the court to take testimony. The Commissioner issues a written Report recommending that the divorce be granted (or identifying any issues). The judge then signs the Final Decree based on the Commissioner's Report.

Some circuits process uncontested divorces by affidavit without referring to a Commissioner. Ask your Clerk's office which process your circuit uses.

Proposed Final Decree of Divorce

A draft of the court's final order, prepared by the Plaintiff (or their attorney) for the judge's review and signature. It should:

• Identify the parties, the marriage, and the ground
• Grant the absolute divorce
• Incorporate the PSA by reference
• Address any additional relief (name restoration, equitable distribution if not in PSA)
• Be formatted to your circuit's standard (ask the Clerk's office for a sample or template)

Post-Divorce Documents

Last reviewed: March 2026 | No statewide forms — get local forms from your county Circuit Court Clerk

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.