Virginia Do-it-Yourself Divorce Instructions
Virginia Do-it-Yourself Divorce Worksheet
This worksheet will help you gather the information you need to complete the Do-It-Yourself Divorce program. It is easier to gather this information before you start.
If you start the program and realize you do not have everything you need to continue, you may create an account to save your work so far. Then, you may finalize your divorce paperwork later when you have the information you need.
Before you start
To use this program, you 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 that takes care of all assets and debts of the marriage)
2) at least one year (if there are minor children)
Who cannot use this program?
- If you or your spouse was 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.
- 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. It is advisable to ask an attorney to look over the agreement before you file for divorce.
- If you or your spouse is pregnant, you will not be able to use this program.
What information do I need to know?
Information about You and Your Spouse
- Full legal names, birthdates
- Social Security Numbers for you and your spouse
- 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 where you and your spouse lived together
- City or County where you live now
- City or County where your spouse lives (NOTE: One or both of you must have lived in Virginia for at least six months before filing for di-vorce. 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
- Name of a witness with knowledge of your marriage and circumstances of your separa-tion, who is willing to sign an affidavit in front of a notary attesting that the statements in your complaint of divorce are true
Information about Property or Debts; Spousal Support; or Minor Children
If you have property or debts to provide, OR if you have a minor children, OR if one 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:
- Child Custody
- Child Support
NOTE: You will need the name of the court and the case number of any court orders.
Information about child support
- The amount and frequency of any child support.
- The payment amount
- How frequently it is to be paid
- If there are arrearages (amounts due that were not paid) and how much
NOTE: If you do not have an order from the court or the Department of Child Support En-forcement, 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 fac-tors, using this free Child Support Calculator: https://www.vasupportcalc.com/unified-calculator/
Or you may use the court's guidelines worksheet: 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 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 will be “living separate and apart for one year [or six months].” (The last line on the form will be completed by the court clerk.)
Finally: Virginia changed its divorce laws in 2021 and no longer requires a witness affidavit for an uncontested divorce; this program has not yet been updated and will still ask ques-tions about a witness that you will need to complete; however, you will not need that page and can toss it once the packet is printed.