How Much Does a Divorce Cost in VA?

Q: How long do you have to be separated to get a no-fault divorce in Virginia?

Under Va. Code 20-91(A)(9)(a), one year of living separate and apart without cohabitation and without interruption. If you have a separation agreement and no minor children, the period is six months .

Last reviewed: October 5, 2026. This article is general information, not legal advice. Court fees change and vary between Virginia's circuit courts, so confirm the current amount with your local clerk of court before you file.

If you're asking how much a divorce costs in VA, you're probably trying to figure out what you can afford and how to avoid surprises. The court's own fees are fairly modest and set in advance. What really determines the total is how much you and your spouse agree on, and whether you pay lawyers or experts to fight over what you don't.

Short answer: The court filing fee for a Virginia divorce is usually under $100, depending on the circuit court; for example, Arlington listed $94 and Prince William $89 when we checked on October 5, 2026. Add service, copies and possibly a court reporter. An uncontested divorce often costs little beyond that and the cost of drafting a good agreement. A contested divorce can cost many times more, mostly in attorney time.

What the law actually says

Va. Code 20-91(A)(9)(a), no-fault divorce after separation "On the application of either party if and when they 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 they have lived separately and apart without cohabitation and without interruption for six months." Read the official text (Virginia Law)

Va. Code 17.1-275(A)(26), clerk's fee. In summary: in divorce and separate maintenance cases, the clerk's fee charged to the plaintiff is $60 ($10 of it goes to the Courts Technology Fund), which includes a certified copy of the final decree. No fee is charged for a counterclaim or responsive pleading in a divorce. Read the official text (Virginia Law)

The fixed costs: what the court charges

Circuit court clerks collect the filing fee when you file the complaint for divorce. The statutory clerk's fee is $60, but the total you pay at the counter is higher because other charges apply, and the amounts differ by locality. Two examples from official court pages, checked October 5, 2026:

Arlington County Circuit Court: $94 filing fee, $12 sheriff service fee if your spouse lives in Virginia, and $22 to resume a former name. Certified copies are $0.50 a page plus $2 for the certification.
Prince William County Circuit Court: $89 filing fee plus $12 per person, per document served by a Virginia sheriff. The page also lists a court reporter fee starting at $95 and $22 to restore a former name.

Other courts charge similar but not identical amounts, so call or check the website of the circuit court where you'll file. If you can't afford the fees, ask the clerk about filing without paying fees in advance.

Separation periods, and why they matter for cost

Virginia's most common route is a no-fault divorce under Va. Code 20-91(A)(9)(a):

One year living separate and apart without cohabitation and without interruption; or
Six months if you have a signed separation agreement and no minor children.

Fault grounds also exist: adultery (or sodomy or buggery outside the marriage), a felony conviction with confinement of more than a year, and cruelty, reasonable apprehension of bodily hurt, or desertion (decreed after one year from the act). Fault cases nearly always cost more because the ground has to be proved with evidence.

You also need at least one spouse to have lived in Virginia for six months before filing (Va. Code 20-97). For a broader look at living apart, see our guide on whether you have to be separated before divorce.

Uncontested vs. contested: where the money goes

Uncontested divorce

You and your spouse agree on property, debts, spousal support and, if you have children, custody, visitation and child support, usually in a written property settlement or separation agreement. Typical costs are:

the filing fee and service (or a waiver of service);
drafting or reviewing the agreement, by you or a lawyer;
preparing the decree and supporting affidavits or testimony.

Prince William's circuit court page says that once a law clerk approves complete paperwork, an uncontested hearing date is typically set within two to three months. Fewer court appearances means fewer billable hours.

Contested divorce

When you can't agree, costs add up through:

attorney fees for pleadings, negotiation, motions and hearings (usually the largest expense);
discovery, such as document requests, interrogatories and depositions, with court reporter charges;
experts, such as business valuers, appraisers or custody evaluators;
temporary support and custody hearings while the case is pending;
trial preparation and trial days.

There is no reliable statewide average, because a short dispute over one asset costs very differently from a custody trial. Ask any lawyer you consult for their hourly rate, retainer and an estimate for your specific issues.

Practical ways to keep costs down

Agree on as much as you can before filing, and put it in writing.
Wait out the separation period before filing so you can use the no-fault ground.
Use a waiver of service if your spouse is cooperative.
Try mediation for disputes over property or parenting.
Organize your financial records yourself so you're not paying someone to do it.
Limit what you fight over. Our article on whether it's worth contesting a divorce walks through the trade-offs, and who pays for a divorce explains how fees are usually shared.

What is the filing fee for a divorce in Virginia?

It depends on the circuit court. Va. Code 17.1-275 sets a $60 clerk's fee for divorce cases, and local courts add other charges. When we checked on October 5, 2026, Arlington County Circuit Court listed a $94 filing fee and Prince William County Circuit Court listed $89, plus sheriff service fees. Check your own court's clerk for the current amount.

How long do you have to be separated to get a no-fault divorce in Virginia?

Under Va. Code 20-91(A)(9)(a), one year of living separate and apart without cohabitation and without interruption. If you have a separation agreement and no minor children, the period is six months.

Is an uncontested divorce in Virginia cheaper?

Usually, yes. When you agree on everything and meet the separation period, the court costs are mostly the filing fee, service and copies, and any attorney fees are typically for drafting the agreement and paperwork. A contested divorce adds discovery, hearings, possible experts and trial time, which is why costs can climb steeply.

Can I avoid paying the sheriff to serve my spouse?

Often. Arlington's circuit court page notes that a spouse who is willing can sign a waiver of service (form CC-1406) instead of being served by the sheriff, which avoids the service fee.

How long do you have to live in Virginia to file?

At least six months. Va. Code 20-97 requires one of the parties to have been an actual bona fide resident and domiciliary of Virginia for at least six months before filing.

Other states

Divorce costs work differently in each state. See our guides to how much a divorce costs in Texas, California, Florida, New York and Georgia.

Sources

Va. Code 20-91, grounds for divorce: Virginia Law (Virginia General Assembly)
Va. Code 20-97, residency requirement: Virginia Law (Virginia General Assembly)
Va. Code 17.1-275, clerk's fees: Virginia Law (Virginia General Assembly)
Arlington County Circuit Court, divorce filing fees: arlingtonva.us
Prince William County Circuit Court, divorce: pwcva.gov

How Much Does a Divorce Cost in VA? Filing Fees and What Drives the Total