How Much Does a Divorce Cost in Virginia? Filing Fees, Service and Fee Waivers
Virginia family law · Last reviewed October 27, 2026
Virginia has no single statewide divorce fee. The court self-help site says so plainly: "There is not one uniform filing fee. Fees depend on case type and location." Most of the fee is set by state law, and each city or county adds a few local charges. As of October 2026, the three clerks below charge $89 to $94 to file.
What the filing fee is made of
| Charge | Amount | Law |
|---|---|---|
| Clerk's fee for a divorce | $60, of which $10 goes to the Courts Technology Fund | § 17.1-275(A)(26) |
| Technology Trust Fund fee | $8 (was $5 before July 1, 2026) | § 17.1-279 |
| Legal aid fee | $10, in localities served by a legal aid program | § 17.1-278 |
| Writ tax | $5 | § 58.1-1727 |
| Local fees | Law library and courthouse fees, which vary by locality | local ordinance |
| Paper filing fee | $5 extra for a new civil case filed on paper, where the clerk has e-filing (indigent filers exempt) | § 17.1-258.3 |
One useful detail: the $60 clerk's fee "shall include the furnishing of a duly certified copy of the final decree" (§ 17.1-275). A counterclaim for divorce has no filing fee in Fairfax.
What three courts charge
| Circuit court | To file | Restore a former name | Sheriff service | As of |
|---|---|---|---|---|
| Fairfax County | $94 | $119 total, including recording fees | $12 | Schedule effective October 1, 2026 |
| Henrico County | $94 | not listed | $12 per document served | Clerk's divorce page, read October 27, 2026 |
| City of Alexandria | $89 | $26 more | extra if needed | Clerk's page updated October 2, 2026 |
Fairfax's $94 includes its new paper filing fee: "effective October 1, 2026, all new civil cases filed on paper will require an additional $5.00 fee." Card payments carry a convenience fee where accepted. For any other court, check the clerk's current schedule before you file; the court self-help site links a circuit court civil filing fee calculator.
Other costs
- Service. $12 for each service by a Virginia sheriff in these three courts. A private process server sets its own price. Service on a spouse outside Virginia has to be arranged separately.
- Publication, if your spouse can't be found: the newspaper's charge for running the notice four weeks.
- Parent education. Required when custody, visitation, or support is contested. The fee is based on ability to pay, and "no fee in excess of $50 may be charged" (§ 20-103).
- Copies. Fairfax and Alexandria charge 50 cents a page and $2 to certify a document. A state divorce certificate from the Office of Vital Records costs $15. See records.
- Lawyers, mediators, appraisers. Not set by any rule. We don't publish averages because no official source collects them.
If you can't afford the fees
Under § 17.1-606, a judge can let you proceed without paying fees or costs. For a no-fault divorce, use form CC-1421, Petition for Proceeding in a No-Fault Divorce Without Payment of Fees or Costs; for other cases, CC-1414.
You're presumed unable to pay if you receive public assistance for the indigent or are represented by legal aid or a pro bono lawyer through a legal aid society. In most cases the court can look further into your finances anyway, but not in a no-fault divorce: "Except in the case of a no-fault divorce proceeding under subdivision A (9) of § 20-91, such presumption shall be rebuttable". Otherwise the judge adds up your net income and liquid assets, subtracts exceptional expenses such as medical care, family support, and child care, and compares the result with 125 percent of the federal poverty guidelines for your household size. If the petition is granted, the officers of the court provide their services, including service of process, without fees.
Frequently asked questions
How much is the filing fee for divorce in Virginia?
It depends on the court. As of October 2026 it's $94 in Fairfax and Henrico and $89 in Alexandria. About $83 of that is set by state law; the rest is local.
Is there a fee to answer a divorce complaint in Virginia?
None of the three schedules we checked lists one, and Fairfax charges nothing for a divorce counterclaim. Check your clerk's schedule.
Can I get my divorce fees waived in Virginia?
Yes, if a judge finds you can't pay. File form CC-1421 for a no-fault divorce. If you get public assistance or have a legal aid lawyer, you're presumed unable to pay, and in a no-fault divorce that presumption can't be challenged.
How much does it cost to serve divorce papers in Virginia?
Twelve dollars for each service by the sheriff in Fairfax, Henrico, and Alexandria. If your spouse signs a notarized acceptance or waiver of service, there's no service fee.
Does the filing fee include a copy of the decree?
The statutory clerk's fee includes one certified copy of the final decree. Extra copies are charged by the page.