Common Civil Actions

Divorce

• In order to initiate a divorce, it is necessary to file the proper pleadings prepared in accordance with the Code of Virginia and Rules of the Virginia Supreme Court (PDF).  
• As there are no initiating forms available in the Clerk's Office, you will need to prepare the pleadings yourself or seek the assistance of an attorney.
• Property Settlement Agreements are not filed with the Court unless/until a divorce action is initiated.
• A taskforce of Virginia legal aid attorneys has developed a technology-based solution to help pro se (self-represented) litigants filing simple, uncontested divorces.  The system is available at www.VaLegalAid.org/divorce.  The Clerk’s Office makes this resource available as a courtesy and cannot guarantee that it will meet your needs.
• To confirm applicable fees, contact the Civil Division at 804-717-6981 or access the Civil Fee Schedule.

Wills and Estates

• In the event a civil suit is necessary to resolve issues pertaining to an estate, there are no initiating forms available in the Clerk's Office.  You will need to prepare the pleadings yourself or seek the assistance of an attorney.
• If a hearing is necessary, parties will be required to set a hearing with the legal assistant of the assigned Judge. The Judges' Chambers may be reached at 804-748-1333.
• To confirm applicable fees, contact the Civil Division at 804-717-6981 or access the Civil Fee Schedule.
• Information regarding probate/estates.

Appointment of Guardian/Conservator

• Family members may find it necessary to have a guardian and/or a conservator appointed to handle the affairs of an incapacitated individual.  This type of proceeding is very complex; therefore, it is strongly recommended that you consult with an attorney.
• To confirm applicable fees, contact the Civil Division at 804-717-6981 or access the Civil Fee Schedule.
• Once a Petition is filed, parties will be required to set a hearing with the legal assistant of the assigned Judge. The Judges' Chambers may be reached at 804-748-1333.
• Once a hearing has been held and an order has been entered, the party named as a guardian and/or conservator cannot act in this capacity until he/she is officially qualified by the Clerk. Guardians and/or conservators are qualified through the Clerk’s Office’s Probate Division and qualification matters are handled by appointment.
• At the time you schedule a hearing with the Judge, it is suggested that you also contact the Probate Division at 804-706-7680 to schedule an appointment for qualification. Schedule permitting, every effort will be made to accommodate parties on the same day of the hearing, provided the court order has been entered.

Property Dispute

These matters can be very complex; therefore, it is strongly recommended that you consult with an attorney.

Appointment/Removal of Church Trustees

• Appointment and removal of church trustees is confirmed by order of the Circuit Court.
• The request may be initiated by a letter on church letterhead or by petition from an attorney or applicant.
• At the time the petition/letter is filed, a copy of the meeting minutes in which the trustee was appointed/removed must be included.  For initial filings, a copy of the church discipline or by-laws should be included.
• To confirm applicable fees, contact the Civil Division at 804-717-6981 or access the Civil Fee Schedule.

Adoptions 

• An adoption proceeding is very complex; therefore, it is strongly recommended that you consult with an attorney.
• Adoption files and proceedings are always handled in the most confidential manner. Therefore, no information will be released over the telephone. Adoption files are only made available for review under very specific circumstances.

Name Changes

• In order to initiate a name change, a petition/application must be prepared and filed in accordance with the Code of Virginia and Rules of the Virginia Supreme Court (PDF).  
• A form application for adult and minor name changes is available on the Supreme Court of Virginia’s website. 
• Applications may be mailed or may be submitted in person (ATTN: Civil Division). Before mailing an application, the petitioner's signature must be acknowledged before a Notary Public. If submitting in person, the petitioner's signature can be acknowledged by a staff member. If electing to have a staff member provide the acknowledgement, wait to sign the application in the presence of the staff member and be prepared to present a government-issued photo ID.
• It is suggested that you provide a telephone number with your filing.
• Processing time varies; however, filings that are received in proper order are typically finalized within several weeks. It is at the discretion of the Judge who will be assigned to the case to determine whether or not a hearing is necessary. Once the Judge has signed the Order for Name Change, Civil staff will forward a certified copy. 
• To confirm applicable fees, contact the Civil Division at 804-717-6981 or access the Civil Fee Schedule.
  
  

Marriage Celebrant Appointment (Civil Celebrants)

Note: Petitions for authorization to perform marriages must be filed in the city or county where the petitioner resides.

• An individual who is not an ordained minister may petition the Court for authorization to perform marriages pursuant to § 20-25 of the Code of Virginia, 1950, as amended.
• A form petition is available.
• Petitions can be submitted by mail to the Clerk’s PO box (ATTN: Civil Division) or may be delivered in person or by courier during public service hours.
• The filing fee is $54.00.  Payment Types Accepted
• At the time the petition is filed, a hearing will need to be set through the Clerk’s Office’s Civil Division (804-717-6981).
• Timing for the hearing and Court decision will depend upon the assigned Judge’s docket; however, most hearings on these petitions are scheduled within a couple of weeks of the filing date.