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1. How do I file for divorce?

Divorces are handled in the Circuit Court; however, Circuit Court Clerk’s staff members are not attorneys and therefore are not authorized to provide legal advice. To initiate a divorce in Chesterfield Circuit Court, the filing party must submit the appropriate pleadings prepared under Virginia law. There are no forms that the Clerk’s Office can make available for this purpose. Parties proceeding without legal counsel would need to research the Code of Virginia and prepare the required pleadings. There are a number of steps which must be followed under Code of Virginia to finalize a divorce matter.

A task force of Virginia legal aid attorneys has developed a technology-based solution to help pro se (i.e., self-represented) litigants filing simple, uncontested divorces. The system is made available at VA Legal Aid online. The Clerk’s Office makes this resource available as a courtesy and cannot guarantee that it will meet your needs.

Once a divorce filing is prepared, for information regarding filing fees, Sheriff’s fees, etc., we suggest speaking with a staff member in the Civil Division of the office, who routinely handle divorce matters. To speak with a staff member in the Civil Division, call 804-748-1241 during public service hours, which are from 8 a.m.-4 p.m., Monday through Friday (excluding holidays).

Civil Fee Schedule

2. How can I be appointed guardian and/or conservator for a family member?

Guardians and/or conservators are typically appointed by the Court at the time an individual is adjudicated as incapacitated. To initiate such an action through the Circuit Court, the filing party would need to submit the appropriate pleadings prepared under Virginia law. The Clerk’s Office has no forms that can be made available for this purpose. An attorney would be able to advise as to what exactly is required. Parties proceeding without legal counsel would need to research the Code of Virginia and prepare the required pleadings. Visit Virginia Judicial System Court Self-Help for additional resources.

3. How do I file a small claims lawsuit?

Unless appealed, typically small claims and matters concerning rental property are handled by the Chesterfield General District Court. The General District Court is completely separate from Circuit Court and has its own Clerk and Clerk’s Office. Visit the Chesterfield General District Court Clerk’s Office or Virginia Judicial System Court Self-Help for forms and additional resources concerning small claims lawsuits. Public service hours are 8 a.m.-4 p.m. Monday through Friday, excluding holidays.

4. What Court handles landlord-tenant disputes?

Unless appealed, typically small claims and matters concerning rental property are handled by the Chesterfield General District Court. The General District Court is completely separate from Circuit Court and has its own Clerk and Clerk’s Office.  The General District Court has forms to use by which most actions can be initiated.

For more information:

Chesterfield General District Court Clerk’s Office

Virginia Judicial System Court Self-Help 

Public service hours:  8 AM – 4 PM Monday through Friday, excluding holidays

5. Are Circuit Court civil case records available online?

Case information for the Chesterfield Circuit Court and other Virginia Circuit Courts can be found online at the following address: http://ewsocis1.courts.state.va.us/CJISWeb/circuit.jsp

Actual case documents are not available online. Copies can be obtained from the Clerk’s Office’s Civil Division in one of the following ways:

• In Person: Records are available during public service hours of 8:00 a.m. to 4:00 p.m., Monday through Friday (excluding holidays). Our office is to the left after you enter through security.
• By Phone: Call the number below (during public service hours) and ask to speak to a staff member in the Civil Division for assistance. Phone requests are payable by Visa or MasterCard (for an additional $2.00 processing fee plus postage).
• Written Request: Provide specific information via a written request (approximate date, names of parties). Mail your request with appropriate copy fees (cash, check or money order payable to Chesterfield Circuit Court) to the address listed below (ATTN: Civil Division). A copy fee quote can be obtained by calling the Civil Division at 804-748-1241.

By law, copies are $.50 per page plus $2 for certification (if needed).