Divorce

The Clerk's office cannot help you with preparing or correcting your file.  It is illegal. Va Code 19.2-392.2



If you choose to represent yourself, you will be expected to follow the same procedures as an attorney. Please do not ask court personnel for legal advice or assistance. Court personnel are prohibited by state law from giving you legal advice or assistance. You are strongly encouraged to hire an attorney.

To obtain a divorce in Virginia:
  • Plaintiff (filing party) must have been a resident and domiciliary of Virginia for at least six (6) months prior to filing for divorce. 
  • No minor children from the marriage or custody, support, visitation issues may be settled in the Juvenile and Domestic Relations Court. 
  • You must be separated for a minimum of six (6) months with a Property Settlement Agreement if there are no children born of or adopted during the marriage. 
  • You must be separated for one (1) year if there are children under the age of 18 born of or adopted during the marriage.

FEES:


Filing fee:  $86.00  
Service by Sheriff: $12.00 (must provide service copy of documents to be served) 

REQUIRED FORMS & SAMPLE DOCUMENTS:


If your divorce is UNCONTESTED and there are NO MINOR CHILDREN you may use the samples. You must complete all information on the required forms.

At time of filing - One (1) copy of each is required:
* Please note that this is not legal advice or representation. Any questions regarding the Divorce process, forms, and their completion should be directed to an attorney. The Clerk’s office is prohibited from offering legal advice. (Code 19.2-392.2).

RESEARCH:


Divorces may be searched by you in our public records room located in the Stafford Circuit Court Clerk's Office, Monday-Friday 8:00am-4:00pm.
 
 Virginia Legal Aid is a site that further explains uncontested divorces and has an interactive guide to help you better understand the divorce process.

You may also want to review the Virginia Judicial System Court Self-Help website for additional guidance.