Virginia Do-it-Yourself Divorce Instructions

Before you start:

To use this program, you and your spouse must have been separated for either:

1) at least six months

IF: there are NO minor children of the marriage, AND you have a signed Property Settlement Agreement (PSA) that takes care of all assets and debts of the marriage.

OR

2) at least one year (if there are minor children of the marriage, OR you do not have a signed PSA). 

If there are minor children of the marriage: You must also have either a court order or a signed agreement as to custody, parenting time, and child support (child support is required in Virginia).

Who cannot use this program?

• If you and/or your spouse were in the military during the marriage, you will not be able to use this program. Federal laws such as the Uniformed Services Former Spouse Protection Act and the Service Members Civil Relief Act create certain rights and responsibilities for service members and their spouses. For more information, visit Military OneSource.
• If you or your spouse have retirement accounts or pensions, you will not be able to use this program, as there are special rules for dividing these accounts. Talk to an attorney or a mediator.
• If you and your spouse have property, assets, and/or debts to divide, you must have a “Property Settlement Agreement” (“PSA”) or “Separation Agreement” that you both understand and agree to before beginning this program. A mediator may help you divide these. It is advisable to ask an attorney to look over the agreement before you file for file with the court.
• If you or your spouse is pregnant, you will not be able to use this program.
• If your spouse is currently incarcerated, or suffering from a mental disease or defect which prevents them from legal competence. Talk to an attorney.
• If your spouse lives outside of Virginia, you will not be able to use this program.

How long will it take?

Be sure you have enough time to complete your interview and finalize your documents.

• This program will take at least one hour. 
• You may create an account to save your work and come back later.
• You must have certain information before you can begin: see below.

NOTE: Ask an attorney to read your final divorce documents before filing with the court, to ensure you are not giving up any rights you may have, such as to spousal support, property, or retirement benefits

What information do I need to start?

Information about You and Your Spouse

• Full legal names, birthdates
• Social Security Numbers for you and your spouse (and minor children, if any)
• Whether you or your spouse is currently pregnant (NOTE: If you or your spouse is pregnant, you will not be able to use this program).
• City or County in Virginia where you and your spouse lived together
• City or County where you live now
• City or County in Virginia where your spouse lives (NOTE: One or both of you must have lived in Virginia for at least six months before filing for divorce. Both of you must currently live in Virginia to use this program.)

Information about Your Marriage

• Your wedding date
• The place you were married (city or county and state)
• Date of separation 

Information about Child Custody and Child Support

In Virginia, both parents must provide support for a child. Parties cannot agree not to pay child support. The amount of support depends on factors such as the parties’ incomes, the amount of time spent with each parent, the child’s needs, and any other children the parties to whom a parent is paying support.

• Names, birthdates, and social security numbers of children of the marriage (that is, children born to or adopted by the parties to the marriage, whether born/adopted before or during the marriage, or after separation).
• You must have either a signed agreement or a court order pertaining to custody, parenting time, and child support (you must have information about court orders including name of the court and case number).
• The amount and frequency of child support payments. 
• Date the first child support payment is/was due
• If there are arrearages (amounts due that were not paid), and how much.
• If there are overages (amounts that were paid that are above the court-ordered or agreed-upon amount), how much, and how the parties have agreed to address this.

NOTE: If you do not already have an order of support from a Court or the Department of Child Support Enforcement, you may calculate the amount of child support based on both parties’ incomes, the needs of the child, the amount of time the child spends with each parent, and other factors, using this free Child Support Calculator: https://www.vasupportcalc.com/unified-calculator/

NOTE: The Child Support Calculator is not owned or operated by Virginia Poverty Law Center or VaLegalAid.org, but we provide a link to it because it can be helpful in calculating parties’ support obligations. Neither VPLC nor VaLegalAid.org make any assurances as to its accuracy. While courts generally use the statutory (legal) guidelines for determining child support, a court may decide to order a different amount than presumed by the guidelines or calculated by the above resource.

The Virginia Supreme Court provides a child support guidelines worksheet here: http://www.courts.state.va.us/forms/district/dc637.pdf 

Information about children's health care coverage

• Which spouse is paying for coverage
• Name and address of insurance company
• Policy number
• Certificate number
• Type of coverage policy provides (medical, dental, optical, or other)
• Who will be responsible for any non-covered healthcare costs for the minor child[ren]

NOTE: Health care coverage for minor children is required. If cannot afford health insurance for your children, you may be eligible for health care coverage through FAMIS or Medicaid from the Department of Medical Assistance Services: https://www.coverva.org/screening/.  Once you have health coverage for the children, you may continue with this portion of the Do-it-Yourself Divorce interview.

Information about Spousal Support

If either spouse will be paying spousal support, you may need some or all of the information listed below.

• Employment information for you and your spouse
• Employer name
• Employer address and phone number
• Driver’s license numbers for you and your spouse
• Professional or occupational license information for you and your spouse
• Any health care coverage one spouse is providing for the other
• Any court orders relating to spousal support 

NOTE: You will need the name of the court and the case number of any court orders.

Information if you Wish to Ask the Court to Waive your Filing Fees

If you are asking the court to waive (that is, not charge) any fees and costs associated with filing a divorce, you must provide some information, including:

• Annual household income
• Information about your employer
• Number of people you support
• Any public assistance received
• City or County through which you receive assistance
• Any unusual expenses that make it difficult to afford the fees

NOTE: when you file your divorce paperwork, you will need to fill out a statistical form (VS4 form) by hand. This form asks some questions including the grounds of divorce. When you file for divorce using this program, the grounds of divorce using this program should be “living separate and apart for one year [or six months].” (The last line on the form will be completed by the court clerk.)

NOTE: We recommend you speak to an attorney before filing your documents with a court. If, based on the information above, you cannot use this program, an attorney may be able to help you resolve the issues that make this program not appropriate for you. If you cannot afford an attorney, you may be eligible for legal assistance from a pro bono attorney through a Legal Aid office. Find your local office by calling 1-866-LEGLAID (1-866-534-5243). If you do not qualify for Legal Aid, you may be able to find an attorney to review your documents and provide lower-cost legal advice or help through the Virginia Lawyer Referral Service, https://vlrs.community.lawyer/ or (804) 775-0808. 

Click Here to Start the Program