Divorce

The Clerk's office cannot help you with preparing or correcting your file. It is illegal. Va Code 17.1-202
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.

• 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 be able to use the examples. You must complete all information on the required forms.

• Divorce-Separated 6 months with Separation Agreement
• Divorce-Separated more than 1 year
• Property Settlement Agreement
• Acceptance/Waiver form and VS-4 form (available at the Clerk’s office upon request) Acceptance/Waiver Form cannot be completed until the Complaint has been filed.
• Depositions or Plantiff's Affidavit and Plantiff's Witness Affidavit (This may be done once the complaint has been filed)
• Addendum For Protected Identifying Information-Confidential Form

* 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.

In an effort to assist those that wish to proceed on their own, the following links are from other jurisdictions or sites that provide information and examples to help one understand the process. These links are for reference only and general information, you are responsible for preparing all the necessary documents for your case. It is strongly recommended that you hire a competent attorney to represent you in these matters.

• Virginia Judicial System Court Self-Help
• Fairfax Circuit Court
• Virginia Legal Aid is a site that further explains uncontested divorces and has an interactive guide to help you better understand the divorce process.