Virginia’s E-Filing System: A Senior Attorney’s Blueprint for Online Divorce

Virginia’s courts now accept divorce filings electronically. In many uncontested cases, you can prepare the paperwork, file it online, and finalize your divorce without ever going to the courthouse. The statewide system is called the Virginia Judiciary E‑Filing System (VJEFS), and some courts (for example, Fairfax) also use platforms like File & ServeXpress (FSX). You can submit documents 24/7 from any computer with internet access.

But online doesn’t mean “anything goes.” You still have to meet Virginia’s legal rules, prepare the correct forms, and (unless your spouse waives it) properly serve the other party. Uncontested, no‑fault cases are the best fit for a fully digital path. Contested issues—such as disputed custody or complex property disputes—usually require hearings.

Who can file in Virginia (residency)

At least one spouse must have lived in Virginia and intended to make it home for the six months right before filing (Virginia Code § 20‑97). Military members stationed in Virginia for six months meet this requirement, too.

Virginia’s separation rule (the “no‑fault” clock)

Virginia uses a strict separation period for no‑fault divorces (Virginia Code § 20‑91(A)(9)):

• 6 months if you have no minor children together and you have a written separation agreement.
• 12 months if you have minor children or no agreement.

The separation must be continuous—“separate and apart without any cohabitation and without interruption.” Even one night of cohabitation resets the clock. Plan accordingly.

Fault vs. no‑fault (and what works online)

Virginia still allows fault‑based divorces—adultery, felony conviction with a year or more of incarceration, willful desertion, or cruelty (Virginia Code § 20‑91). Those cases often need evidence and hearings, so they don’t fit the streamlined online process. For a fully digital, affidavit‑based finish, you’ll typically use no‑fault grounds after the separation period.

The core issues the court cares about

Property & debts (equitable distribution)

Virginia divides marital property fairly, not necessarily 50/50 (Virginia Code § 20‑107.3). The court first classifies assets as separate, marital, or hybrid, and then considers factors like each spouse’s financial and non‑financial contributions and the length of the marriage.

Parenting time & decision‑making (custody)

Custody decisions must serve the child’s best interests (Virginia Code § 20‑124 et seq.). The court can award legal custody (who makes major decisions), physical custody (where the child lives), or both (joint or sole custody), considering each parent’s ability to meet the child’s needs, the child’s developmental stage, and the child’s relationships. In a fully online, uncontested case, parents generally agree on a custody/parenting plan up front.

Child support (guidelines)

Child support starts with a guidelines formula (Virginia Code § 20‑108.2) that uses both parents’ gross incomes and your custody schedule. Special rules apply for shared custody (when the child spends at least 90 days a year with each parent)—the basic obligation is multiplied by 1.4—and for split custody (when different children primarily live with other parents). Add health insurance costs, unreimbursed medical expenses over $250/year, and work‑related childcare.

Spousal support (alimony)

There’s no one‑size‑fits‑all formula. Judges weigh 13 factors, including income, earning capacity, the marital standard of living, each spouse’s contributions, and retirement considerations (Virginia Code § 20‑107.1). Support can be temporary (during the case), rehabilitative (time‑limited), permanent, or a mix.

Step‑by‑step: How an online divorce works

1) Get your documents ready

For a smooth e‑filing, you’ll typically prepare:

• Complaint for Divorce (plus the VS‑4 statistical form)
• Domestic Relations Case Cover Sheet
• Separation Agreement (for uncontested cases)
• Parenting Plan (if you have minor children)
• Financial affidavits and any exhibits/affidavits the court requires

Virginia courts want PDFs, with each document uploaded as its own file, appropriately titled, and signed electronically as permitted by the Supreme Court rules.

2) File electronically and pay fees

You’ll file through VJEFS (or a local system like FSX in some courts). Filing is 24/7; the system timestamps your submission, and filings after business hours are processed the following business day. Expect to pay around $80–$100 in filing fees, payable online. If you can’t afford fees, ask the court for a fee waiver (“Petition for Proceeding in Civil Case Without Payment of Fees or Costs“).

3) Serve your spouse (unless they waive service)

Even with e‑filing, you must legally serve the papers unless your spouse signs a waiver. The sheriff’s office can handle in-state service; there are special rules for out‑of‑state service.

4) Finish by affidavit—no hearing needed in many cases

For truly uncontested cases, Virginia lets you finalize the divorce by affidavit (Virginia Code § 20‑106). A 2021 change removed the old corroborating‑witness requirement for no‑fault divorces, making the online path far simpler. Many people never need to step into a courtroom.

Timelines & expectations

• Separation period: 6 or 12 months (see above).
• After you file: In straightforward, uncontested cases, many people reach a final decree in about 60 days on average after the separation period, assuming clean paperwork and no court backlog. (Your mileage may vary by court.) 

When online DIY isn’t a good fit

Consider hiring a lawyer (or at least getting targeted advice) if you have:

• High‑asset/complex estates, business interests, or retirement accounts to divide.
• Contested custody/parenting time or safety concerns
• Domestic violence and the need for protective orders
• Interstate issues (jurisdiction, relocation, out‑of‑state property)

Court staff can’t give legal advice, and self‑represented parties must follow the same rules as attorneys. 

How InstantOnlineDivorce.com can help (in plain English)

This service bridges the gap between Virginia’s rules and your real‑life to‑do list:

• Virginia‑specific documents tailored to your facts and local court preferences
• Know‑how across 133 Virginia jurisdictions
• Real‑time legal/procedural updates baked into your forms
• Hands‑on support from case managers for e‑filing steps, plus practical guidance for negotiating agreements and moving from filing to decree

Reported client outcomes include: 87% lower legal spend for routine uncontested matters, a 60‑day average from filing to decree (after the separation period), a 98% document acceptance rate, and no court appearance in 94% of uncontested cases. (They don’t offer legal advice or representation; the service focuses on document prep and procedural support.) 

Can I do the whole thing online?

Often yes—if your case is uncontested and you’ve met the separation requirement. Virginia’s affidavit process allows many divorces to finish without a hearing. 

Do I have to stop living together?

For the separation clock to run, the law requires that the parties live separately and apart, without cohabitation. Any cohabitation can restart the clock.

Will the court split everything 50/50?

Not automatically. Virginia uses equitable distribution, which aims for a fair—not necessarily equal—division of property after classifying it as marital, separate, or hybrid. 

How is child support calculated?

By guideline formulas that consider both incomes and your parenting schedule, with special rules for shared and split custody, plus adjustments for healthcare, childcare, and certain medical costs. 

What if I’m military?

Being stationed in Virginia for six months satisfies the residency requirement to file here.

Bottom line

Virginia has paired modern e‑filing with strong legal safeguards. If you meet the residency and separation rules and you and your spouse can agree on the key issues, an online, affidavit‑based divorce can be efficient, private, and affordable. When your case is contested or complex, get strategic legal help before you file.

This guide reflects Virginia law and court procedures as summarized in your 2025 article. It’s educational information, not legal advice about your specific situation.