You’ve probably heard people complain about how expensive divorce can be. But if you’re facing the end of your own marriage, those complaints suddenly have more relevance—and you probably want more details. Just how expensive is divorce in Virginia? What circumstances can make it cost more or less?
The Cost of Divorce Lawyers in Virginia
Many people getting divorced hire a lawyer to handle their case. When that’s true, their biggest divorce expense is the attorney’s bill. The total amount of the lawyer's bill will depend on the lawyer's hourly rate and the number of hours needed for the case.
How Much Do Virginia Divorce Lawyers Charge per Hour?
In 2019, we conducted a study of fees and billing practices reported by Virginia family law attorneys. The Virginia lawyers in our study reported their minimum and maximum hourly rates. Across the state, the average minimum was $280 per hour, while the average maximum was $330 an hour.
Average rates are likely to be higher now. According to Clio, a legal technology company, the average hourly rate for an attorney practicing family law in Virginia in 2023 was $328, more than the national average hourly rate for family law attorneys that year ($312).
Several factors affect how much any individual attorney will charge per hour, especially:
- Location. Attorneys in big, expensive cities usually charge higher rates than those in smaller towns. You may find that lawyers charge less than the statewide average when they’re based outside of Virginia’s major metropolitan areas (especially the Arlington-Alexandria area).
- Expertise and experience in family law. Generally, attorneys with extensive, specialized experience in family law will charge higher hourly rates than less-experienced lawyers—though their total bills aren’t necessarily higher, because they may be able to resolve issues more efficiently.
- The cost of paralegals and other support staff. Lawyers might rely on paralegals and other support staff for help with routine research, case preparation, and document management. Support staff can bill for substantive legal work, but typically at a much lower rate than lawyers. As reported by Clio, the average hourly rate for nonlawyers working on cases in Virginia was $159.
What’s the Typical Total Cost for a Virginia Divorce Lawyer?
The vast majority of people with legal representation in their divorce hire "full-scope" attorneys to handle everything in their cases, from start to finish. (By contrast, consulting attorneys offer “limited scope” or “unbundled” services and help you with only a clearly defined part of your case, such as preparing or reviewing a separation agreement.)
In 2019 and, before that, in 2015, we surveyed readers who had recently gotten divorced. Our analysis of the data showed that the total cost of a full-scope attorney in a typical Virginia divorce ranged from about $12,000 to $14,000. But you could end up paying much less—or more—depending on the circumstances in your case. (More on that below.)
How Much Does a DIY or Online Divorce Cost in Virginia?
You don’t have to hire a lawyer in Virginia to get a divorce. You can choose to do it yourself or file for divorce online.
If you go the do-it-yourself route, you’ll have to:
- find and complete all of the necessary divorce forms
- properly serve your spouse with the forms
- go to court or file written affidavits, and
- get a final divorce decree.
Virginia Legal Aid offers a do-it-yourself divorce packet with instructions on how to create and file the necessary paperwork. A DIY divorce isn’t free—you’ll have to invest your time and pay filing fees.
Online divorce is an increasingly popular option for people who are looking for a way to keep divorce costs down while making the process a little less burdensome. An online divorce service typically walks you through a questionnaire, uses your answers to fill out the paperwork you need for your situation, and then tells you how to file it. Some services even file the forms for you at an additional cost. The cost of online divorce services varies, but it’s typically in the $150 to $750 range, with extra charges for additional services (such as filing the paperwork with the court for you). You can split the fee with your spouse.
DIY and online divorce aren’t appropriate in all situations. You’re might be a good candidate for these lower-cost options if:
- you’re involved in a “no-fault” divorce
- you and your spouse agree on all important issues in your divorce
- you’re aware of all of your marital assets and have access to your financial records
- your spouse isn’t represented by a lawyer, and
- a power imbalance or domestic violence hasn’t been a part of the relationship.
How Disputes and Trial Raise the Cost of Divorce in Virginia
Many divorcing couples fight over one or more important issues, especially:
- child custody and support
- alimony (known as “spousal support and maintenance” in Virginia), and
- the division of your property and debts.
These disputes are the most significant contributors to higher divorce costs. To resolve them, your lawyer will have to spend time collecting financial documents and other information (in the process known as “discovery”).
If your spouse balks at providing all of the requested information—or if one of you requests a temporary support order—your lawyer might also have to prepare motions and represent you in court hearings. It will also take time to negotiate a settlement agreement—and if that doesn't work, even more time to prepare for and represent you in a divorce trial.
We looked at the impact of disputes involving these important issues on divorce costs in 2019 and learned the following:
- The average total cost of a Virginia divorce when there were no contested issues was $4,000-$5,000 (based on minimum and maximum hourly fees).
- The average costs rose to $6,000-$7,500 when cases involved one dispute but no trial.
- Cases that involved two or more disputes that were resolved through a settlement typically cost $10,500-$12,500.
- When couples had to go to court in Virginia to resolve their contested issues, average costs skyrocketed: $14,500-$17,000 for trial on one issue and $22,000-$23,500 for trial on two or more issues.
The Impact of a “Fault” Divorce on Costs
In Virginia, you can choose to file a “fault” divorce or a “no-fault” divorce. When you file for a fault divorce, you’ll claim (and will need to prove) that your spouse caused the end of your marriage through some misconduct (such as adultery or desertion).
Virginia law allows courts to consider fault divorce grounds, along with other relevant factors, when awarding spousal support or dividing marital property. But fault divorces usually are more expensive, because it will take time for your attorney to come up with strong evidence that supports or counters the claims. (It might also involve hiring outside experts like private investigators.)
Filing Fees and Other Divorce Costs
Attorneys’ fees aren’t the only costs involved in divorce. Whether or not you hire a lawyer, you’ll have to pay court fees to file your divorce papers, unless you request and qualify for a waiver. The filing fees vary by county in Virginia, but they’re usually close to $100.
Depending on your situation, you might also have other expenses, including:
- mediation costs
- a child custody evaluation, and
- fees for other expert help, such as a financial analyst.
Our 2019 survey showed that the national average for these non-attorney costs was $1,600. Here again, your costs will usually be lower than that if you have few or no contested issues in your divorce, and they might be higher if you have several disputes.
How Long Does Divorce Take in Virginia?
To get a divorce in Virginia, you or your spouse must be a resident of the state for at least six months prior to filing your initial divorce papers.
Assuming you’ve met that residency requirement, how long your divorce will take depends on individual circumstances. Factors can include:
- The separation requirement in uncontested cases. If you want to get an uncontested divorce in Virginia, you must list a no-fault ground (reason) for the divorce. The only no-fault ground in the state is that you and your spouse have lived separate and apart, without sexual relations, for at least one year before you file your divorce papers. (It’s six months if you and your spouse have no minor children and a written settlement agreement.) So if you haven’t been separated that long, you’ll have to wait to even start the process until you’ve hit the six-month or one-year benchmark
- Waiting for an uncontested divorce decree. Once you’ve submitted all of the required paperwork for an uncontested divorce, you should be able to get a final divorce decree within a couple of months, depending on the availability of judges in your local court to review your documents.
- The complexity of contested divorces. If your divorce is contested, the process will take much longer. Exactly how much longer depends on the number of contested issues in your divorce, whether you have to go to trial, and the backlog of court cases in your county.
(Va. Code §§ 20-91, 20-97(2024).)
More Information and Resources on Virginia Divorce
Divorce can be expensive, time-consuming, and mentally and emotionally draining—all the more so if your situation involves significant conflict. If it does, hiring a divorce lawyer could be your best route.
But not everyone needs a lawyer for their divorce. Other options include handling it yourself, using an online service, and going to mediation (with or without a lawyer). For help choosing your path, you can check out DivorceNet’s quiz.
And here are more resources on divorce in Virginia:
