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Updated May 2026

Fairfax County, Virginia Divorce Filing Fee

The court filing fee to file for divorce in Fairfax County is $91.

$91
Filing Fee
No
Statewide Uniform
$15–$75
Service of Process
Available
Fee Waiver

Official Filing Fee in Fairfax County

Fairfax County Circuit Court
4110 Chain Bridge Rd., Fairfax, VA 22030
$91
Filing Fee
Fee Item Amount
Divorce petition filing fee $91
Sheriff / certified mail service $15–$75
Certified copy of final decree $5–$25
Post-decree motions (if needed) $50–$200 each

Source: Fairfax County Circuit Court Civil Fee Schedule 2025. Fee is county-specific; verify with the clerk before filing.

About Divorce Fees in Fairfax County, Virginia

How to File for Divorce in Fairfax County

  1. 1
    Confirm residency requirements
    Virginia requires you to have been a resident for a set period before filing. Confirm your county's residency rule with the clerk or the Virginia family code.
  2. 2
    Prepare your divorce petition
    Download the official forms from the Fairfax County Circuit Court website or pick them up at the courthouse. The petition (Complaint for Divorce or Petition for Dissolution of Marriage) describes the grounds, property, and any child-custody arrangements.
  3. 3
    File at the courthouse and pay the fee
    Bring your completed forms to the Fairfax County Circuit Court at 4110 Chain Bridge Rd., Fairfax, VA 22030. Pay the $91 filing fee by cash, check, or credit card (confirm payment methods with the clerk). You will receive a case number.
  4. 4
    Serve your spouse
    Your spouse must be formally notified (served) with the divorce papers. Options include sheriff service ($15–$75), certified mail, or a private process server. Your spouse then has a set number of days to respond.
  5. 5
    Negotiate or attend hearings
    If both spouses agree on all terms (uncontested), you submit a Marital Settlement Agreement. If not, the court will schedule hearings and, potentially, a trial.
  6. 6
    Obtain your final divorce decree
    Once the judge signs the final decree, you are legally divorced. Request a certified copy from the clerk ($5–$25 extra) for your records — you will need it to update financial accounts, social security, and other records.

Can't Afford the Fee? How to Get It Waived

Every Virginia court must provide a fee waiver process. Filing an Affidavit of Indigency (also called an In Forma Pauperis application) allows the court to waive the $91 filing fee if you qualify.

Eligibility: Income typically below 125–200% of the federal poverty level, or participation in a qualifying public benefit program (Medicaid, SNAP, SSI, etc.)
How to apply: Ask the Fairfax County Circuit Court clerk for the fee waiver form at the time of filing. Submit it with your divorce petition.
Free legal help: Your county's legal aid organization may help you complete the forms at no cost.
Full guide: How to waive divorce filing fees →

Frequently Asked Questions

How much does it cost to file for divorce in Fairfax County, Virginia?
The court filing fee for divorce in Fairfax County is $91. This is the base clerk's filing fee — additional costs for service of process, certified copies, and attorney fees are separate.
Is the Fairfax County divorce fee the same statewide?
No. Fairfax County sets its own fee schedule, which differs from other counties in Virginia. Always verify the current fee with the Fairfax County Circuit Court before filing, as fees can change annually.
Can I get the divorce filing fee waived in Fairfax County?
Yes. If you cannot afford the filing fee, you can file an Affidavit of Indigency (also called an In Forma Pauperis application) with the Fairfax County Circuit Court. Eligibility typically requires household income below 125–200% of the federal poverty level. Ask the clerk for the waiver form when you submit your divorce petition.
Where do I file for divorce in Fairfax County?
File your divorce petition at the Fairfax County Circuit Court, located at 4110 Chain Bridge Rd., Fairfax, VA 22030. You must have resided in Virginia for the required duration before filing (residency requirements vary by state — check your state's rules). Some courts also accept e-filing; contact the clerk to confirm.
What other fees should I expect besides the $91 filing fee?
Beyond the base filing fee, budget for: (1) Service of process: $15–$75 by sheriff or $50–$150 by private process server to serve your spouse; (2) Certified copy of final decree: $5–$25; (3) Motion fees: $50–$200 each if your case becomes contested; (4) Attorney fees if you hire counsel ($150–$400/hour is typical for Virginia). Total out-of-pocket for an uncontested divorce is commonly $400–$800 including filing and service.
How long does it take to get a divorce in Fairfax County?
Timeline depends on whether your divorce is contested or uncontested. Virginia's mandatory waiting/separation period applies in all counties. Uncontested divorces with no children typically conclude in 3–6 months; contested cases can take 1–3 years.