Virginia Divorce Filing Fee (2026)

Filing for divorce in Virginia costs

$86

base filing fee, paid to the court

$40Sheriff service

NoneChildren surcharge

$126Est. total (with service)

LegalCostCalculator Editorial Team Data sourced from official government websites · Created May 2026 · Reviewed and verified May 2026

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Uncontested Divorce Checklist & Forms Guide

Divorce Court Costs in Virginia

Filing for divorce in Virginia requires paying a base filing fee of $86 to the court. This fee opens your case and is paid by the petitioner (the spouse filing first).

Service of Process in Virginia

After filing, you must legally serve your spouse with the divorce papers:

Sheriff / constable: $40
Private process server: $80

Virginia has one of the lowest base filing fees in the US. A 6-month (or 1-year with children) separation is required.

Uncontested divorce saves thousands

If both spouses agree on property division, custody, and support, an uncontested divorce avoids attorney fees entirely. Court costs are typically the only expense — often under $500 total.

Fee waiver available

If you can't afford the $86 filing fee, ask the clerk for an In Forma Pauperis (IFP) application. Most Virginia courts waive fees for filers below 125–200% of the federal poverty level.

Source: Virginia official court website ↗

Frequently Asked Questions — Virginia Divorce

How much does it cost to file for divorce in Virginia?

Filing for divorce in Virginia costs $86 for the base court filing fee. Add $40 for sheriff service of process, bringing the estimated court total to $126. This is the court cost only — attorney fees are additional and vary widely.

What is the divorce filing fee in Virginia?

The Virginia divorce filing fee is $86. This is a one-time fee paid to the court clerk when the petitioner files the initial divorce petition. The fee must be paid before the court will process your case.

How can I get the divorce filing fee waived in Virginia?

To get the divorce filing fee waived in Virginia, file an In Forma Pauperis (IFP) application with the court at the same time as your divorce petition. You must demonstrate that your household income falls below 125–200% of the federal poverty level. If you receive public benefits like Medicaid, SNAP, or SSI, you likely qualify automatically. A judge — not the clerk — must approve the waiver.

Does Virginia require a parenting class for divorce?

No — Virginia does not require a mandatory parenting class for all divorcing parties, though individual counties or judges may recommend one when minor children are involved.

How long does a divorce take in Virginia?

An uncontested divorce in Virginia where both spouses agree on all terms can be finalized in as little as 1–3 months, depending on the court's schedule and any mandatory waiting periods. A contested divorce — involving disputes over property, custody, or support — typically takes 6–18 months or longer. After filing, most states require a mandatory waiting period before a judge can sign the final decree.

Can I file for divorce online in Virginia?

Many Virginia courts allow you to download and print divorce forms from their websites, but in-person filing at the courthouse is still required. For uncontested divorces, online services can prepare all the paperwork you then file locally.

Divorce Filing Fees by County in Virginia

Fees vary by county in Virginia. Select a county for exact costs, court address, and filing instructions.

Browse all counties across all states

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