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The Complaint Begins the Divorce Simply put, the complaint is a document filed with the court that contains information about you, your spouse, the marriage, and why you are getting divorced. In Virginia, the appropriate time to file the complaint will depend on the type of divorce you are seeking.

In any criminal case a subpoena duces tecum may be issued by the attorney of record who is an active member of the Virginia State Bar at the time of issuance, as an officer of the court.

In general, a decree must state all of the terms of the divorce, including any and all agreements between the spouses and the court's decision on all contested matters. The divorce decree must include information establishing that one or both parties meet the residency requirements for a Virginia divorce.

To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce.

This form is used as a report of divorce or annulment for the Department of Health-Division of Vital Records in Richmond, Virginia. The information contained in this form is used for statistical purposes by the State. No Final Order of Divorce will be entered by the Court without a completed VS-4 form.

If your lawsuit is for more than $200, the filing fee is $26, plus $12 for each person or business you are suing. If your lawsuit is for $200 or less, the filing fee is $21, plus $12 for each person or business you are suing. If you win, the judgment will include your filing and service fees.