How to Fill Out a Virginia (VA) Uncontested Divorce Complaint + FAQs

A Virginia uncontested divorce Complaint is the written pleading that one spouse files in the local Circuit Court to ask a judge to end the marriage when both spouses already agree on everything. Unlike many states, Virginia does not publish a single fill-in-the-blank “Complaint for Divorce” form. Instead, you draft the Complaint yourself, often using a court-approved sample like the Fairfax pro se Complaint or the free interactive tool at the Virginia Legal Aid divorce module.

Getting the wording right matters because the Clerk’s Office and the judge’s law clerk check every paragraph against state law, and one missing fact can stall or dismiss your case. Virginia courts grant roughly 25,000 to 30,000 divorces each year, and a large share are uncontested no-fault filings that move from filing to final order in about two to six months when the paperwork is clean, according to the Fairfax Circuit Court brochure.

Here is what you will learn in this guide:

📝 How to fill out every numbered paragraph of the Complaint, line by line, in plain English.
📅 How to meet the six-month and one-year separation rules set by Va. Code § 20-91.
💵 What it costs to file, how to pay, and how to ask for a fee waiver if money is tight.
📬 How to serve your spouse the right way using a Sheriff, a private server, or a signed waiver.
⚖️ The exact mistakes that get Complaints rejected and how to dodge each one.

What the Complaint Is and Who Must File It

The Complaint for Divorce is the document that starts your divorce lawsuit. The person who files it is the Plaintiff, and the spouse on the other side is the Defendant. By filing, you formally ask the Circuit Court to dissolve your marriage and to approve any agreement you and your spouse have already signed, as explained in the Virginia State Bar divorce guide.

You must file a Complaint if you want a legal divorce in Virginia and you and your spouse agree on all issues. An uncontested divorce means you both agree on the grounds, property, debts, support, and any children. A no-fault divorce means you only ask the court to end the marriage because you have lived apart for the time the law requires, not because of adultery, cruelty, or desertion, per the Pender & Coward law firm overview.

You can file pro se (representing yourself) only in narrow situations. You qualify if you have lived apart without interruption for at least six months, have no minor children, and have signed a written separation agreement that settles every issue. You also qualify if you have lived apart for at least one year and all other issues are resolved or do not exist, as the Central Virginia Legal Aid Society explains.

The Complaint does not stand alone. It travels with the VS-4 vital statistics form, a Domestic Case Coversheet, proof of service or a waiver, your separation agreement, and a proposed Final Order of Divorce. The judge reads all of these together before signing, which is why each one must match the facts in your Complaint.

Before You Start: Documents and Information You Need

Gather everything before you open the Complaint. Missing one date or number can force you to redraft, refile, and pay again, so treat this checklist as the foundation of your case. The Central Virginia Legal Aid checklist and the Fairfax brochure both list these items as required.

Here is your pre-filing checklist with the reason each item matters:

Your spouse’s full legal name. The Complaint and the service papers must name the Defendant exactly, or the Sheriff cannot serve the right person.
Your spouse’s date of birth and Social Security number. The SSN goes only on a private addendum, never on the public Complaint, under Va. Code § 20-121.03.
Your spouse’s current physical and mailing address. The court needs a valid address to complete service; a wrong address means failed service and delay.
The date and place of your marriage. Paragraph 1 of the Complaint requires the exact day, month, year, and the city or county where you married.
The date you last lived together. This sets the start of your separation clock, which controls whether you meet the six-month or one-year rule.
The address where you last lived together. The Complaint asks for the complete address of your last shared home.
Your signed separation agreement, if you have one. A six-month no-fault divorce is impossible without a written agreement, so the missing document blocks the whole case.
Proof of Virginia residency for at least six months. At least one spouse must be a bona fide Virginia resident for six months before filing under Va. Code § 20-97.
Each spouse’s military status. The Complaint must state whether either party is on active duty, because federal law protects active-duty servicemembers.
Your filing fee or a notarized fee waiver petition. Without payment or an approved waiver, the Clerk will not accept the Complaint.

Where to Get the Form and How to Access It

Because Virginia has no statewide fill-in form, you build your Complaint from an approved sample. The most reliable free path is the Virginia Legal Aid A2J module, an interactive program that asks you questions and then prints a full “Self-Help Divorce Packet” with your Complaint, Final Order, and instructions. The Virginia Judicial System self-help site confirms there are no official court forms for the divorce Complaint itself, so this tool fills that gap.

Many Circuit Courts also publish their own sample Complaints. The Fairfax Circuit Court pro se brochure includes Attachment 1A (six-month ground) and Attachment 1B (one-year ground) as model Complaints you retype with your own facts. The Norfolk Law Library packet offers an editable Word version for that region.

The standardized companion forms are official state forms. You get the Acceptance/Waiver of Service form CC-1406, the Private Addendum form CC-1426, and the fee waiver petition form CC-1414 directly from the Virginia Judicial System. The VS-4 vital statistics form comes from the Clerk’s Office and must be completed in black ink.

A note on versions: the sample Complaints carry a revision date in their footer, such as the Fairfax brochure dated August 2023. Always confirm you are using the current version, because a 2021 change removed the old corroborating-witness affidavit requirement for no-fault uncontested cases.

Step-by-Step: How to Fill Out the Virginia Complaint for Divorce Line by Line

The Complaint is built from a caption, ten numbered paragraphs, and a “WHEREFORE” prayer for relief. Below, each part gets its own walkthrough using the Fairfax sample Complaint as the model. Type everything double-spaced on one-sided 8½ by 11 inch white paper with 1½ inch margins, and delete every instruction in parentheses before you file.

The Caption: Court, Parties, and “SERVE” Block

The caption is the heading at the top of the Complaint. It names the court, lists you as Plaintiff and your spouse as Defendant, leaves a blank for the case number, and gives a “SERVE” block with the Defendant’s full name and complete address.

To fill it out, type VIRGINIA: IN THE CIRCUIT COURT OF FAIRFAX COUNTY (swap in your own county or city), then your full name as Plaintiff and your spouse’s full name as Defendant. Leave the CL No. line blank, because the Clerk assigns the case number when you file.

For example, Janet Marie Carter writes her name on the Plaintiff line and David Allen Carter on the Defendant line, then lists David’s home address under SERVE.

A common edge case is a spouse who uses a different legal name than the one you know. Use the spouse’s full legal name, and if they go by another name, you may add “also known as” so the Sheriff serves the right person.

A frequent mistake here is leaving the SERVE address blank or wrong, which causes the Sheriff to return the papers unserved and your case to stall for weeks. Many filers wrongly believe the court fills in the case number for them before filing; in truth, the number does not exist until the Clerk stamps the Complaint, so you must leave that line empty.

Paragraph 1: Date and Place of Marriage

This paragraph asks when and where you got married. It exists so the court can confirm a valid marriage existed before it can dissolve one.

Write the exact day, month, and year, then the city or county and state of the marriage, like this: The parties were married on the 14th day of June, 2015, in the City of Richmond, State of Virginia. Spell out the month and use the format shown in your sample.

For example, Janet Carter enters 14th day of June, 2015, in the City of Richmond, State of Virginia because that is what her marriage certificate shows.

A common edge case is a marriage performed in another state or country. You still list the true place of marriage, even if it was Las Vegas, Nevada or Cancun, Mexico, because the court records where the marriage actually happened, not where you live now.

A frequent mistake is guessing the date and listing a day that does not match the marriage certificate, which can force you to amend the Complaint. People often think a religious ceremony date controls; the date that matters is the one on the official marriage license.

Paragraph 2: Statement About Minor Children

This paragraph states whether any minor children were born to or adopted by the couple, and that the wife is not pregnant. It matters because a six-month no-fault divorce is allowed only when there are no minor children.

For a six-month filing, write that there are no minor children either born of the parties, born of either party and adopted by the other, or adopted by both parties, and neither party is known to be pregnant from the marriage. For a one-year filing with children, instead list each child’s name and date of birth.

For example, David and Janet Carter have no children, so Janet copies the no-children language word for word.

A common edge case is adult children. Children who are 18 or older are not “minor children,” so a couple with grown kids can still use the six-month ground if they meet the other rules.

A frequent mistake is hiding a minor child to qualify for the faster six-month ground, which is a false statement to the court and can void the divorce. Many filers think a stepchild counts; only children born of the parties or adopted by them count for this paragraph.

Paragraph 3: Virginia Residency and Domicile

This paragraph swears that you or your spouse has been a real Virginia resident for at least six months before filing. The court has no power to grant the divorce without this, under Va. Code § 20-97.

Write that the Plaintiff was at the time of the filing of the suit and had been for at least six months preceding the filing of the suit an actual bona fide resident and domiciliary of this Commonwealth. Name whichever spouse meets the rule.

For example, Janet Carter has lived in Fairfax for nine years, so she states that she is the bona fide resident and domiciliary.

A common edge case is a military servicemember stationed in Virginia. Active-duty members stationed in Virginia for six months are generally treated as residents for divorce purposes.

A frequent mistake is filing before the six-month residency is met, which leads to dismissal and a second filing fee. People often believe owning property in Virginia equals residency; what counts is actually living here with intent to stay, which is what “domiciliary” means.

Paragraph 4: Age and Military Status

This paragraph confirms both spouses are over 18 and states each spouse’s military status. It protects active-duty members under the federal Servicemembers Civil Relief Act.

Choose paragraph 4(a) if neither spouse is active-duty military and write that both parties are over the age of 18 years, and neither is an active duty member of the military service of the United States. Choose 4(b) if the Defendant is active-duty, and attach a signed SCRA waiver as an exhibit.

For example, David Carter is a civilian, so Janet uses 4(a) and deletes 4(b).

A common edge case is a National Guard or reservist spouse on active orders. If they are on active duty, treat them as active-duty military and use 4(b) with the waiver.

A frequent mistake is using 4(a) when the Defendant is actually deployed, which can later void the divorce because the servicemember’s federal rights were ignored. Many filers think only the Plaintiff’s military status matters; the Defendant’s status is the one that triggers the SCRA protection.

Paragraph 5: Where the Parties Last Lived Together

This paragraph gives the complete address of the last home you shared as a married couple. It anchors the separation in a real place and time.

Write the full street address, city, state, and ZIP of your last shared home, such as 742 Oak Street, Fairfax, Virginia 22030.

For example, Janet and David Carter last lived at 742 Oak Street, Fairfax, Virginia 22030, so that is what Janet enters.

A common edge case is a couple who separated under the same roof. Virginia allows an “in-home” separation, but you still list the shared address and must show you lived as separate households.

A frequent mistake is listing your current address instead of the last shared address, which contradicts your separation date. People often think a brief overnight visit restarts the clock; an isolated visit usually does not, but cohabitation does.

Paragraph 6: The Separation Period

This paragraph states that you have lived apart, without cohabitation and without interruption, for the required time, and gives the start date. This is the heart of a no-fault divorce under Va. Code § 20-91(A)(9).

Write that the parties have lived separate and apart without cohabitation and without interruption for more than six months (or one year), then give the start date. If you forget the exact day, use the last day of that month.

For example, Janet Carter writes that the parties separated since the 1st day of December, 2025, which gives her well over six months by her June filing.

A common edge case is a short reconciliation attempt. If you moved back in together, even briefly, the clock usually resets, so be honest about the true continuous start date.

A frequent mistake is filing before the full period has run, which gets the case dismissed and costs another filing fee. Many filers think the separation period can include time you were still sharing a bed; it cannot, because cohabitation breaks the separation.

Paragraph 7: Intent to Stay Separated

This paragraph says that at least one spouse formed the intent to live permanently apart on a specific date, and that the intent has continued. It shows the separation was meant to be final, not a trial.

Write that the Plaintiff formed the intent to remain permanently separate and apart since the date the separation began, and the intent to remain separate and apart has continued to date.

For example, Janet Carter states she formed the permanent intent on December 1, 2025, the same day she moved out.

A common edge case is when only one spouse first wanted the split. Only one spouse needs to form the intent to separate, so you can state it for yourself even if your spouse hoped to reconcile.

A frequent mistake is listing an intent date later than the separation date without explaining it, which can shorten your qualifying period. People often think both spouses must agree on the intent date; only one party’s intent is legally required.

Paragraph 8: No Hope of Reconciliation

This short paragraph states there is no hope or possibility of getting back together. It signals to the court that the marriage is truly over.

Simply write that there is no hope or possibility of reconciliation between the parties. No date or detail is needed.

For example, Janet Carter copies that exact sentence into paragraph 8.

A common edge case is couples who attended counseling. Past counseling does not change this paragraph; if reconciliation failed, you still state there is no hope.

A frequent mistake is softening the language to leave the door open, which can confuse the judge about whether the divorce is truly uncontested. Many filers think this paragraph requires proof; it is a sworn statement, not an evidence exhibit.

Paragraph 9: The Separation Agreement

This paragraph names the date you and your spouse signed your separation (settlement) agreement that resolves all issues. It is required for a six-month no-fault divorce and common for one-year cases.

Write that the parties entered into an Agreement dated the day, month, and year of signing that resolves all outstanding issues between the parties.

For example, Janet and David Carter signed their agreement on November 20, 2025, so Janet lists that date.

A common edge case is an oral understanding with no signed paper. An oral deal does not count; the six-month ground demands a written, signed agreement.

A frequent mistake is listing an agreement date after the filing date, which is impossible and triggers rejection. People often think the agreement must be notarized; signatures are required, but you should still follow your county’s local rules on notarization.

Paragraph 10: Request to Restore a Former Name

This optional paragraph lets a spouse ask the court to restore a maiden or former name. You delete it if no name change is wanted, under Va. Code § 20-121.4.

Write that the Plaintiff desires to be restored to her former name of the prior name, and states that this request is not made for any illegal purpose or to the prejudice of third parties.

For example, Janet Carter asks to return to Janet Marie Wilson, her maiden name.

A common edge case is wanting to change a spouse’s name. You may not request a name change for your spouse, only for yourself, as the Norfolk packet warns.

A frequent mistake is asking for the name change but forgetting the extra recording fee, which delays the separate Name Change Order. Many filers think a divorce automatically restores a maiden name; it does not unless you request it in writing.

The WHEREFORE Prayer for Relief

The “WHEREFORE” section lists exactly what you ask the judge to do: grant the divorce, approve your agreement, and restore your name if requested. It must cite the correct statute, Va. Code § 20-91(A)(9)(a).

Write that you ask to be granted a divorce from the bond of matrimony on the separation ground, that your Agreement be affirmed, ratified and incorporated, but not merged, into the Final Order of Divorce, and that your former name be restored if you asked for it.

For example, Janet Carter prays for the divorce, asks that the agreement be incorporated but not merged, and that her name be restored to Wilson.

A common edge case is whether to “merge” or “incorporate” the agreement. Most filers choose incorporated but not merged so the agreement stays a separate enforceable contract.

A frequent mistake is citing the wrong subsection of § 20-91, which signals a defective Complaint. People often think the WHEREFORE is optional filler; it is the actual request that tells the judge what relief to grant.

Signature and Verification Block

The final block is where you sign as Plaintiff and list your address and phone number. Many uncontested cases also use a verified Complaint or a separate party Affidavit under Va. Code § 20-106.

Sign your name, print it below the line, and add your mailing address and phone number so the court can reach you.

For example, Janet Carter signs, prints Janet Marie Carter, and lists her Fairfax address and cell number.

A common edge case is whether you need a notary. The Complaint signature itself usually is not notarized, but the separate Affidavit and the Acceptance/Waiver form must be signed under oath before a notary or deputy clerk.

A frequent mistake is forgetting to sign at all, which makes the Complaint invalid on its face. Many filers think the old corroborating-witness signature is still required; since July 1, 2021, no witness affidavit is needed for an uncontested no-fault divorce.

Three Filled-Out Examples Using Real Scenarios

These scenarios show how three different filers complete the same Complaint with their own facts. Each follows one named person through the key paragraphs.

Scenario 1: Janet Wilson, short marriage, no kids, six-month separation. Janet and David married in 2015, signed an agreement, have no children, and separated six months ago.

Form Section	What Janet Enters
Court / Caption	Circuit Court of Fairfax County; Plaintiff Janet Marie Carter, Defendant David Allen Carter
Paragraph 1 (marriage)	14th day of June, 2015, City of Richmond, Virginia
Paragraph 2 (children)	No minor children; not pregnant
Paragraph 3 (residency)	Plaintiff a bona fide Virginia resident over six months
Paragraph 4 (age/military)	Both over 18; neither active-duty military (4a)
Paragraph 6 (separation)	Separate and apart since December 1, 2025
Paragraph 9 (agreement)	Agreement dated November 20, 2025
WHEREFORE	Grant divorce under § 20-91(A)(9)(a); incorporate, not merge, agreement; restore name to Wilson

Scenario 2: Marcus Bell, long marriage with a house and retirement, one-year separation. Marcus and his wife married 22 years ago, own a home and a 401(k) divided in their agreement, and have lived apart for 14 months.

Form Section	What Marcus Enters
Court / Caption	Circuit Court of Henrico County; Plaintiff Marcus Bell, Defendant Renee Bell
Ground used	One-year separation, § 20-91(A)(9)(a)
Paragraph 1 (marriage)	3rd day of May, 2003, County of Henrico, Virginia
Paragraph 2 (children)	Adult children only; no minor children
Paragraph 5 (last home)	118 Maple Drive, Henrico, Virginia 23228
Paragraph 6 (separation)	Separate and apart since April 1, 2025
Paragraph 9 (agreement)	Agreement dated March 15, 2025, divides house and 401(k)
WHEREFORE	Grant divorce; incorporate, not merge, agreement

Scenario 3: Aisha Khan, marriage with minor children, one-year separation. Aisha has two minor children and a custody and support agreement, and has lived apart from her husband for 13 months.

Form Section	What Aisha Enters
Court / Caption	Circuit Court of the City of Norfolk; Plaintiff Aisha Khan, Defendant Omar Khan
Ground used	One-year separation, § 20-91(A)(9)(a)
Paragraph 1 (marriage)	9th day of August, 2014, City of Norfolk, Virginia
Paragraph 2 (children)	Two minor children: Layla Khan (DOB 2016), Sami Khan (DOB 2019)
Paragraph 3 (residency)	Plaintiff a bona fide Virginia resident over six months
Paragraph 6 (separation)	Separate and apart since May 1, 2025
Paragraph 9 (agreement)	Agreement dated April 10, 2025, covers custody and child support
WHEREFORE	Grant divorce; affirm, ratify, and incorporate agreement on custody and support

How to File the Completed Complaint

You file the Complaint with the Clerk of the Circuit Court in the county or city where you or your spouse lives. You bring an original plus one copy of the Complaint, a completed VS-4 form in black ink, two copies of the Domestic Case Coversheet, and your fee, as the Fairfax brochure sets out.

You can file through three channels:

In person. Bring your documents to the Clerk’s Office civil counter during business hours. In Fairfax, that counter is on the third floor at 4110 Chain Bridge Road, Fairfax, Virginia 22030. Keep your date-stamped copy as proof of filing.
By mail. Send your documents to the Clerk of the Circuit Court at the courthouse address, marked “Attention: Civil Case Processing.” Include a self-addressed stamped envelope so the Clerk can return your stamped copy.
Fee waiver path. If your income is within poverty guidelines, file the notarized fee waiver petition CC-1414 with the Complaint to ask the court to skip the costs.

Filing fees vary by court but generally run about $84 to $144, with an added $12 per Sheriff service when you use the Sheriff, according to the Henrico Circuit Court page. You pay by cash, certified check, or money order payable to the Clerk of the Circuit Court; a credit card works too but adds a 4% surcharge. The statutory clerk fees are set in Va. Code § 17.1-275.

Once you file, the Clerk assigns a case number in the format CL-2026-0000001, and that number must appear on every later document. You then arrange service on your spouse, unless your spouse signs the Acceptance/Waiver form CC-1406 before a notary.

What Happens After You File

After filing, your spouse must be served or must waive service. Service can be by personal delivery from a Sheriff or private process server, by posting on the home, or by service on a household member 16 or older, under Va. Code § 8.01-296. In a fully uncontested case, the Defendant usually signs the Acceptance/Waiver form instead, which is the fastest route.

Once service or waiver is complete, you move the case to a final decision. For a purely uncontested no-fault divorce, you can proceed by a written party Affidavit under Va. Code § 20-106, which means no court hearing is needed. You submit the Affidavit with your proposed Final Order of Divorce, the separation agreement, the VS-4, the private addendum with Social Security numbers, and a name change order if requested.

A judge’s law clerk reviews every document to confirm it meets the statutes. If everything matches, the judge signs the Final Order of Divorce, often within a few weeks. The whole uncontested process commonly takes two to six months from filing to final order.

To receive a certified copy of your signed Final Order, include a self-addressed stamped envelope when you file it. Remember that beneficiary designations naming a former spouse may or may not be revoked by the divorce under Va. Code § 20-111.1, so you must update your own life insurance and retirement forms.

Mistakes to Avoid When Filling Out the Complaint

Each mistake below comes with the direct consequence so you can see why it matters.

Filing before the separation period ends. Your case is dismissed and you pay a second filing fee.
Using the six-month ground when you have minor children. The court rejects the faster ground and your Complaint fails.
Putting a Social Security number on the public Complaint. You violate Va. Code § 20-121.03 and expose private data.
Leaving the SERVE address blank or wrong. The Sheriff returns the papers unserved and the case stalls.
Forgetting to sign the Complaint. The pleading is invalid and the Clerk will not process it.
Listing an agreement date after the filing date. The timeline is impossible and triggers rejection.
Citing the wrong subsection of § 20-91. The judge flags a defective Complaint and delays the order.
Filing before meeting the six-month residency rule. The court lacks jurisdiction and dismisses the case.
White-outs or corrections on the VS-4 form. The Clerk cannot accept it and your divorce cannot finalize.
Using 4(a) when the Defendant is active-duty military. The divorce can be voided for ignoring federal SCRA rights.
Requesting a name change but skipping the extra recording fee. The separate Name Change Order is held up.
Not keeping a date-stamped copy of your filing. You lose your proof of the filing date if a dispute arises.

Do’s and Don’ts

Do:

Do confirm you meet the residency and separation rules before you file, so the court does not dismiss you.
Do type the Complaint double-spaced on one-sided white paper with 1½ inch margins, because Circuit Courts require that format.
Do delete every parenthetical instruction from the sample before filing, since those notes are not part of your pleading.
Do put Social Security numbers only on the private addendum CC-1426, to protect identity and follow the statute.
Do keep certified copies of the final order, because banks and agencies will ask for proof of divorce.
Do use the free Virginia Legal Aid module if you are unsure, so your packet matches court requirements.

Don’t:

Don’t ask for a name change for your spouse, because you can only request your own name be restored.
Don’t guess the marriage or separation dates, since errors force you to amend and refile.
Don’t file before the full waiting period runs, as that wastes your filing fee.
Don’t ask Clerk staff for legal advice, because state law forbids them from giving it.
Don’t sign the Acceptance/Waiver form before a notary is present, or it will be invalid.
Don’t forget the VS-4 form, because the divorce cannot be finalized without it.

Pros and Cons of Filing on Your Own vs. With Help

Filing pro se saves money but puts every legal detail on you, while hiring help costs more but lowers the risk of errors. The Fairfax brochure strongly encourages consulting an attorney even in simple cases.

Pros of filing on your own:

You save attorney fees, which can run thousands of dollars, because you do the work yourself.
You control the timeline, since you decide when to file and submit each document.
You learn your own case well, which helps you answer the court’s questions.
The free Virginia Legal Aid tool walks you through it, lowering the cost barrier.
Uncontested cases are simpler, so a careful filer can finish without a lawyer.

Cons of filing on your own:

You may unknowingly waive rights to support, custody, or property, because no one explains the consequences.
Clerks and judges cannot advise you, so a mistake may go uncaught until it causes delay.
A defective Complaint can be dismissed, costing you a second filing fee and weeks of time.
Drafting agreements is hard, and a vague agreement can be unenforceable later.
Military, hidden-spouse, or asset-heavy cases can be complex, where an attorney prevents costly errors.

FAQs

Do I have to use a specific Virginia state form for the Complaint?

No. Virginia has no official statewide Complaint form, so you draft it from an approved sample or the free Virginia Legal Aid module and retype it with your own facts.

Can I file a no-fault divorce after only six months of separation?

Yes. You may use the six-month ground only if you have no minor children and have signed a written separation agreement; otherwise you must wait a full year.

Do I write my Social Security number on the Complaint itself?

No. Social Security numbers go only on the separate private addendum CC-1426 under Va. Code § 20-121.03, never on the public Complaint.

Do I leave the CL case number line blank in the caption?

Yes. The Clerk assigns your case number when you file, so you must leave that line empty until then.

Can I request that my spouse change their name in paragraph 10?

No. You may only ask to restore your own maiden or former name; you cannot request a name change for your spouse.

Do I list adult children in paragraph 2?

No. Only minor children born of or adopted by the parties go in paragraph 2, so children 18 or older are not listed there.

Do I still need a corroborating witness affidavit for an uncontested no-fault divorce?

No. Since July 1, 2021, a corroborating witness affidavit is no longer required for an uncontested no-fault divorce in Virginia.

Can I finish my uncontested divorce without going to a court hearing?

Yes. A purely uncontested no-fault case can proceed by written party Affidavit under Va. Code § 20-106, so no hearing is usually needed.

Do I need to be a Virginia resident to file here?

Yes. At least one spouse must be a bona fide Virginia resident and domiciliary for six months before filing, under Va. Code § 20-97.

Can my spouse avoid being served by the Sheriff?

Yes. Your spouse can sign the notarized Acceptance/Waiver form CC-1406, which replaces Sheriff service in an uncontested case.

Do I have to pay if I cannot afford the filing fee?

No. You can file the notarized fee waiver petition CC-1414 to ask the court to waive costs if your income qualifies.

Can I list my current address as the place the parties last lived together?

No. Paragraph 5 asks for the last home you shared as a married couple, not your current separate address.

Do I need to file a VS-4 form with my Complaint?

Yes. The VS-4 vital statistics form must be filed and completed legibly in black ink with no white-outs before the divorce can be finalized.

Can I use the same Complaint sample whether I separated for six months or one year?

No. The six-month and one-year grounds use slightly different paragraphs, so use Attachment 1A for six months and 1B for one year.

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