Filing for divorce generally includes (1) filing the necessary paperwork with the appropriate state or county court; (2) paying the filing fee; and (3) having the paperwork properly served on (handed to) your spouse—known as service of process.

This paperwork generally consists of a complaint or petition that includes the names of the spouses, the grounds for the divorce (fault or no-fault), whether there are children involved in the marriage, and whether the spouse is seeking child custody, child support, or spousal support.

A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce. Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.

Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.

In Virginia, the process of filing for divorce involves submitting the necessary paperwork to the appropriate circuit court, paying the required filing fee, and ensuring that the other spouse is properly served with the divorce papers. The initial document, typically called a complaint or petition, should include the full names of both spouses, the grounds for divorce (which can be either fault-based or no-fault), and information about any children from the marriage, as well as any requests for child custody, child support, or spousal support. To file for divorce in Virginia, at least one spouse must have been a resident of the state for a minimum of six months prior to filing. The divorce can be filed in the county where either spouse resides. The specific residency requirement and jurisdictional rules can be found in the Virginia Code, particularly within the sections pertaining to domestic relations.